Some conservatives might want to excuse it, but across the country, most egregiously in Minneapolis, federal law enforcement officers are blatantly violating the Fourth Amendment. That amendment protects people from unreasonable searches and seizures and guarantees that warrants shall be issued only upon probable cause.
Immigration and Customs Enforcement and Border Patrol officers now claim that they can forcibly enter a home based solely on the belief that an illegal migrant might live there. That claim is flatly unconstitutional. In the United States, government officers may not enter a private residence without a warrant issued by a judge based on probable cause of a crime. They may not temporarily detain a person without reasonable suspicion, race and ethnicity alone not being sufficient justifications.
ICE officers are not independent judges. Yet they have been issuing so-called administrative warrants, documents signed by the officers themselves and never presented to a judicial officer. ICE officers are then using these papers to enter homes without the consent of the occupants. These actions are clear violations of the Constitution.
This year marks the 250th anniversary of the founding of the U.S. One of the principal catalysts for the American Revolution was the abuse of power by British authorities, including illegal searches and seizures carried out by soldiers, especially in Boston. The Fourth Amendment was written in direct response to those abuses. British officials relied on writs of assistance, which permitted capricious searches for contraband. The Founding Fathers rejected that system. Instead, they embraced the principle that a person’s home is their castle.
The amendment exists to ensure that government officials, whether police or ICE officers, must have a specific and justifiable reason before intruding on private property. Mere suspicion that someone may be an illegal immigrant does not meet the constitutional standard of probable cause. Equally fundamental is the requirement that a warrant authorizing entry into a home be issued by an independent judge. Without that safeguard, law enforcement could enter homes at will, constrained only by its own judgment. That is precisely the kind of arbitrary power the Fourth Amendment was designed to prevent.
People should be alarmed by what is happening in Minneapolis. Responsibility in this instance rests with the Trump administration. But the danger is not limited to any one president or party. A future far-left president could just as easily trample constitutional rights. The Constitution restrains government power regardless of who holds office.
Arguably, Trump’s hard line on illegal immigration was a major reason he won the 2024 election. But it is now evident that most people oppose the methods being used to apprehend and deport illegal migrants, even if they support enforcing the law.
Beyond public protest, citizens have few remedies against unconstitutional conduct by federal officers. Government officials enjoy broad immunity from lawsuits, even when they violate clearly established constitutional rights. In Minneapolis, the Fourth Amendment has been trampled. But there will likely be no consequences for the ICE officers responsible.
James Rogan is a former U.S. foreign service officer who later worked for 30 years in law and finance. He writes a daily note on markets, economics, politics, and social issues.