Inherently Coercive Entry: ICE’s Use of Unconstitutional Ruses
Journal
American University Law Review Forum
Volume
72
Abstract
For the past several years, there have been reports of non-citizens lied to and coerced into allowing ICE agents to enter their homes based on false pretenses. ICE agents, equipped with weak administrative warrants, know that without a judicial warrant they must seek consent to enter a home. As a result, ICE conducts ruses to obtain consent to enter a non-citizen’s home and subsequently, conduct an arrest. This tactic is an egregious violation of Fourth Amendment rights against unreasonable search and seizure and undermines notions of anticommandeering under the Tenth Amendment.
This Comment outlines the Supreme Court and Federal Circuit’s Jurisprudence on the Consent Doctrine to describe the fine line of permissible and impermissible acts. This Comment goes on to classify ICE ruses as impermissible misrepresentations that, in addition to violating the Fourth Amendment, undermine trust in local and state police in violation of Tenth Amendment principles. Finally, this Comment provides the steps that ICE and the various Courts must take to protect non-citizen’s Fourth Amendment rights and balance federal and state powers.
Repository Citation
Karla J. Manzanares,
Inherently Coercive Entry: ICE’s Use of Unconstitutional Ruses,
72
(2022).
Available at:
https://digitalcommons.wcl.american.edu/stusch_lawrev/82