The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
On Tuesday, Stephen Miller rejected as a “non-starter” a demand by Democrats that ICE obtain judicial warrants based “upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” before entering a home. See Politico, ‘Complete nonstarter’: Administration allies say judicial warrants a red line for White House in DHS funding talks as shutdown looms. (“The judicial warrants are the key operational thing that [deputy chief of staff] Stephen Miller and the crew do not want to budge on.”)
Got that? Complying with the Constitution’s foundational procedural protection is a “non-starter.” More importantly, it is an admission that the current practice of ICE of entering homes without a judicial warrant violates the Constitution.
Democrats must stand firm on this point. Demanding that ICE comply with a protection that was present at the birth of our republic should be “non-negotiable.” If complying with the Constitution is an intolerable burden for ICE, it must be abolished and replaced with an agency that views the Constitution as its charter, not an obstacle.
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