Immigration Agents Told to Use Judicial Warrants for Home Entry

US Immigration and Customs Enforcement officers were told verbally weeks ago to stop entering homes without judicial warrants, marking a shift away from some of the agency’s most aggressive enforcement tactics, according to a person familiar with the matter.

The policy change, first reported earlier Thursday by NBC News, comes after Secretary Markwayne Mullin pledged during his March confirmation hearing to lower the Department of Homeland Security’s public profile, stating that his goal was for the agency to no longer be “in the lead story every day” as it recalibrates its enforcement approach.

Mullin has begun taking steps to follow through on commitments he made to lawmakers to rein in practices that raised concerns, such as easing contract approval requirements and reviewing plans to expand detention capacity, according to people familiar with the matter.

During his confirmation hearing, Mullin told Sen. Richard Blumenthal (D-Conn.) that “a judicial warrant will be used to go into houses, into places of business,” signaling a shift from prior practices that allowed officers to rely on administrative warrants issued within the agency.

Unlike judicial warrants, which require approval from a judge based on probable cause, administrative immigration warrants are issued by agency officials.

Two DHS officials told Bloomberg Law they haven’t received formal written guidance reflecting the change.

Civil rights groups have long argued that entering homes without a judicial warrant violates the Fourth Amendment.