ICE Is Trying to Rewrite the Law: Noah Feldman

In an outrageous expansion of its authority, Immigration and Customs Enforcement is now authorizing its agents to arrest anyone they suspect of being undocumented, even if the officers don’t have a warrant and the person isn’t a flight risk.

The directive, contained in a memo obtained by the New York Times, reverses long-standing ICE policy and effectively renders the warrant requirement itself empty. Coming on the heels of another legally indefensible memo, which purported to allow ICE agents to enter the homes of suspected undocumented people without a judicial warrant, the new policy shows that ICE isn’t just exploiting ...