Abstract
This Note discusses whether targeting and entering homes of non-citizens without court-ordered warrants raises problems under the Fourth Amendment's prohibition of "unreasonable searches and seizures." Specifically, this note argues that additional protections are necessary to ensure that ICE does not violate the Fourth Amendment rights of those they target and those who get swept up in their enforcement effort. This is particularly true with initiatives such as "Operation Return to Sender" and "Operation Community Shield" because they are carried out in private homes, the traditional sphere of greatest Fourth Amendment protection. Part I of this Note details the particular ICE practices that individuals, community groups, and scholars have questioned on Fourth Amendment groups. Part II examines the legal framework through which this behavior can be analyzed to evaluate its compliance with the Fourth Amendment. In Part II, the Note evaluates the distinction between criminal and immigration contexts of the Fourth Amendment. Part III applies the standards set forth in the vehicle and workplace contexts to the home, arguing that because the Fourth Amendment interests at stake in the home are greater than in workplaces or vehicles, the standards set forth in those contexts are the minimal standards that should be applied to homes. This note conclues that by enforcing standards already in place in the immigration enforcement scheme, ICE could significantly curb Fourth Amendment violations in the home.
Recommended Citation
Marisa Antos-Fallon,
The Fourth Amendment and Immigration Enforcement in the Home: Can ICE Target the Utmost Sphere of Privacy?,
35 Fordham Urb. L.J. 999
(2008).
Available at: https://ir.lawnet.fordham.edu/ulj/vol35/iss5/1