Are ICE Raids Constitutional? Unpacking Rights, Powers & the People
- connect14029
- Aug 15
- 4 min read
According to the Department of Homeland Security, the United States Immigration and Customs Enforcement (ICE) mission was created on March 1, 2003, under the Department of Homeland Security as a response to the 9/11 attacks. Due to the influx of affordable labor during the 1800s, people worldwide migrated to America for economic and educational opportunities. To handle this inflow, the Bureau of Immigration (1891) was created under the Department of Commerce and Labor so that the Customs Service could focus on border security and importations. Throughout the 19th and 20th centuries, the U.S. Customs Administration stationed around U.S. national borders to manage regulations related to importation, border traffic, and immigration. Parts of ICE’s mission include rescuing victims of child predators and human trafficking, as well as removing criminal non-citizens.
What are ICE Raids, and why are they Controversial?
ICE conducts raids through the Enforcement and Removal Operations (ERO), stating that their responsibilities include:
“Identifying aliens for arrest and eventual removal,”
“Targeting aliens who pose a risk to public safety,”
“Targeting aliens with a criminal conviction,”
“Enforcing our nation’s civil immigration laws,”
“Managing aliens in immigration court proceedings,”
“Providing safe, secure, and humane confinement when detention of an alien is necessary,”
“Providing quality health care to detainees” and,
“Removing aliens from the United States.”
The ERO finds, arrests, and deports individuals deemed a threat to national safety.
The ERO Fugitive Operations Handbook (2010), obtained via public release, states that officers can misrepresent who they are when encountering a suspect or civilian, and conducting a raid, “A ruse is a tactic designed to control the time and location of a law enforcement encounter. The result is improved safety for the officers and the public by reducing the opportunity for the target to flee.”
Officers interrupt workplaces, potentially creating injuries and discomfort:
“These people dragged me [Diego, a warehouse employee] out of my car when I was in the middle of my break. They were pushing me, they were harassing me...they pushed me on the floor and handcuffed me. They let me go because they had to.”
As reported by News 12 New Jersey, ICE agents detained around 15 people during a raid at an Edison warehouse.
Fourth Amendment: Unless probable cause exists, an officer without a warrant may not enter a person’s home.
Even through administrative warrants (ICE Form I-200 or I-205)-signed by officers and not a judge- an officer still cannot enter one’s home. Due to the ruses described in the FugOps Handbook 2010, an ICE agent may present or imply that an administrative warrant is equivalent to a judicial warrant, which can lead to an unlawful home entrance.
Fifth Amendment: The rights to Due Process, “fair treatment through the judicial system, protecting individuals from arbitrary denial of life, liberty, or property,” applies to federal government actions.
Fourteenth Amendment: The rights to Due Process bind the states, “governmental actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest.”
Under the Fifth and Fourteenth Amendments, undocumented immigrants are entitled to a hearing and opportunity to present their case before a judge.
Martin v. United States (2025) Ruling: The U.S. government must abide by laws and be responsible for its actions when they injure someone, even if it was a mistake. The Government is not protected by the Supremacy Clause (A. VI, C. 2); thus, the Federal Tort Claims Act (FTCA) allowed the plaintiffs to sue the Government due to negligence and harm.
U.S. v. Olivares-Rangel: The Court ruled that immigration must obtain a valid legal basis to conduct searches.
ACLU: The American Civil Liberties Union (ACLU) shared an open letter, counseling U.S. higher institutions that they have a responsibility and legal rights to protect their students from ICE investigations and raids. ACLU urges universities to protect their students’ First Amendment right to speech and advocacy.
Law Offices of Michael D. Baker: Judicial Oversight is not ‘Un-American’ as they ensure “ICE does not detain people based on racial profiling or flawed data.” ICE’s power is not absolute, and they are responsible for creating safety and comfort for the public. “Overbroad ICE tactics deter immigrant communities from reporting crimes...Limiting ICE’s warrant power in public spaces is not about protecting “dangerous aliens”; it is about upholding the rule of law for everyone.”
U.S. Immigration and Customs Enforcement. About Enforcement and Removal Operations (ERO). ICE.gov.
U.S. Immigration and Customs Enforcement. Fugitive Operations Handbook – Complete Version (2010).
News 12 New Jersey. Around 15 People Detained in ICE Raid at Edison Warehouse, Workers Say. (2025, July 23).
U.S. Immigration and Customs Enforcement. ICE History. ICE.gov.
U.S. Congress. Constitution of the United States: Fourth Amendment. Constitution Annotated.
GovFacts.org. What ICE Agents Can and Cannot Do.
U.S. Congress. Fifth Amendment Due Process Clause: Legal Interpretations. Constitution Annotated.
U.S. Congress. Fourteenth Amendment, Section 1: Legal Interpretations. Constitution Annotated.
Supreme Court of the United States. Martin v. United States, Docket No. 24-362 (2025). Oyez.
U.S. Court of Appeals (10th Cir.). United States v. Olivares-Rangel, 458 F.3d 1104 (2006).
American Civil Liberties Union (ACLU). ACLU Advises University General Counsels on Legal Limits on ICE’s Authority. (2020).
Law Office of Michael D. Baker. Why ICE’s Public Space Enforcement Isn’t as Simple as It Seems: A Constitutional Perspective. (2025, April 25).