Former DHS legal chiefs oppose ICE policy allowing home searches without warrants

Bipartisan former DHS lawyers warn of Fourth Amendment violations
The former general counsels, who served under both Democratic and Republican administrations, objected to searches conducted without judicial warrants (Getty Images)
The former general counsels, who served under both Democratic and Republican administrations, objected to searches conducted without judicial warrants (Getty Images)

WASHINGTON, DC: Six former Department of Homeland Security general counsels have sharply criticized a newly disclosed immigration enforcement policy that allows officers to search homes without a judicial warrant, arguing the administration is relying on what they call an “unsound constitutional justification.”

Writing in a New York Times opinion piece, the former officials- Stevan Bunnell, Gus Coldebella, Ivan Fong, Kara Lynum, Jonathan Meyer and John Mitnick - took aim at current DHS general counsel James Percival’s defense of the policy, which he said was needed to overcome resistance from “deep-state actors” within the federal government. 

NYPD responds as immigration activists block ICE vans during a protest against a purported ICE raid on Canal Street on November 29, 2025 in New York City. Activists assembled outside of a garage used by ICE and later they tried to block ICE vehicles as they traveled from the garage down Canal Street to the Holland Tunnel to exit Manhattan. (Photo by Stephanie Keith/Getty Images)
NYPD responds as immigration activists block ICE vans during a protest over a reported ICE raid on Canal Street, New York City, on November 29, 2025 (Photo by Stephanie Keith/Getty Images)

Former official warns: ‘It’s the Fourth Amendment, not the deep state’

The former general counsels, who served under both Democratic and Republican administrations, rejected that claim, noting that long-standing limits on warrantless home searches stem from the Constitution itself.

“It is not the so-called deep state that has restrained ICE from entering homes using only administrative warrants,” they wrote. “It is the Fourth Amendment to the Constitution and the lawyers who took an oath to support and defend it.” 

MINNEAPOLIS, MINNESOTA - JANUARY 09: Demonstrators stop outside various hotels to make noise to discourage federal agents from staying there on January 09, 2026 in Minneapolis, Minnesota. Protest have sparked up around the city after a federal agent on an immigration enforcement patrol allegedly fatally shot a woman in her car during an incident in south Minneapolis on Wednesday. (Photo by Scott Olson/Getty Images)
Demonstrators gather outside multiple hotels on January 9, 2026, in Minneapolis, Minnesota, making noise to discourage federal agents from staying there (Photo by Scott Olson/Getty Images)

After whistleblower exposed ICE memo, officials weigh in 

CNN previously reported that a memo, written in May and later disclosed by a whistleblower group, authorizes immigration officers to enter private residences using administrative warrants rather than judicial ones.

Administrative warrants are issued by immigration judges within the executive branch and generally require a lower standard than judicial warrants, which must be approved by independent judges. Legal experts said the memo appears intended to circumvent constitutional safeguards on searches of homes and private businesses.

People protest in the Mission District in San Francisco on Wednesday, Jan. 7, 2026, after an Immigration and Customs Enforcement officer shot and killed Renee Nicole Good in Minneapolis. (Santiago Mejia/San Francisco Chronicle via AP)
Demonstrators protest outside multiple hotels in San Francisco’s Mission District on January 9, 2026, after the fatal shooting of Renee Nicole Good by a US Immigration and Customs Enforcement officer in Minneapolis, which has sparked nationwide demonstrations and outrage (Santiago Mejia/San Francisco Chronicle via AP)

Warning against ‘constitutional workarounds’

The former DHS lawyers emphasized that the role of the department’s general counsel is not to find shortcuts around constitutional protections.

“The general counsel’s job is not to provide convenient legal cover or constitutional workarounds,” they wrote. “It is to provide sound legal analysis and advice, even when that advice may be inconvenient for the administration,” they argued. 

MINNEAPOLIS, MINNESOTA - JANUARY 24: Crowds of onlookers gather after federal agents allegedly shot a protestor amid a scuffle to arrest him on January 24, 2026 in Minneapolis, Minnesota. The Trump administration has sent a reported 3,000 federal agents into the area, with more on the way, as they make a push to arrest undocumented immigrants in the region. (Photo by Brandon Bell/Getty Images)
Crowds gather after federal agents allegedly shot a protester during a scuffle while attempting an arrest on January 24, 2026, in Minneapolis, Minnesota (Photo by Brandon Bell/Getty Images)

Fierce public backlash after Minneapolis shootings 

Recent Immigration and Customs Enforcement (ICE) operations have intensified across the US, drawing fierce public backlash and widespread protests. Federal enforcement has been amplified under initiatives such as Operation Metro Surge in Minnesota, where thousands of ICE and other federal agents were deployed to detain undocumented immigrants.

The situation escalated dramatically after the fatal shooting of Renée Good, a resident, by an ICE agent during a raid in Minneapolis, igniting large demonstrations and calls for accountability. Days later, another resident, Alex Pretti, was also shot and killed during confrontations involving federal agents, further fueling outrage and protests.

Opposition to ICE has grown into a sustained movement, with demonstrators calling for investigations, legal reforms and limits on federal enforcement powers amid broader debates over civil rights and due process protections.

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