The U.S. Department of Homeland Security (DHS) clarified that General Counsel James Percival’s Wall Street Journal op-ed disputes media allegations that ICE’s use of administrative warrants violates the Fourth Amendment. The op-ed asserts that these warrants, issued by executive officers rather than judges, remain lawful when used against illegal aliens with final removal orders. Media outlets have falsely claimed such warrants breach constitutional protections, but Percival argues they align with legal precedents recognizing illegal aliens’ limited Fourth Amendment rights. The piece also highlights past challenges where federal officials blocked ICE from entering fugitive aliens’ homes, creating enforcement loopholes. Under current policy, ICE uses administrative warrants only after aliens have received judicial removal orders, ensuring due process. The DHS emphasized that Congress intended immigration laws to function without such loopholes, and recent reforms under Secretary Kristi Noem align with legal standards.
https://www.dhs.gov/news/2026/02/03/icymi-general-counsel-james-percivals-wall-street-journal-op-ed-administrative
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