DHS makes a mockery of the Fourth Amendment
ICE's behavior in Minnesota and throughout the country is exactly what the Founders were trying to prevent.
“A man’s home is his castle” isn’t just a proverb. It’s a principle that runs deep through American culture and law. Coming into someone’s house and disrespecting them is a cultural taboo, enshrined in film and internet forum alike. And in law, government agents are generally forbidden to come into someone’s house without either their permission or a judicial order.
This principle is enshrined not just in law but in the Fourth Amendment to the Constitution:
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.
Our experiences as English colonies gave us plenty of reason to include these protections in our Bill of Rights. In England, subjects could defend their homes even against unlawful entry by the king’s agents. But in the American colonies, for purposes of foiling smuggling, authorities relied on generalized “writs of assistance” that allowed their bearers to enter any house and search for and seize anything that was illegal. They were valid until six months after the signing sovereign’s death. This power to invade any space at any time was intolerable to the colonists and the Founders.
Under the Fourth Amendment, American law prohibits government agents from entering your home without swearing an oath, giving a very specific reason (probable cause), and obtaining a warrant stating the place to be searched and the people or things to be searched for. The warrant must be issued by a third party, a magistrate or judge who is responsible for ensuring that law enforcement is being specific and reasonable.
There are exceptions to the general rule that a warrant is required. One of those–which has caused a great deal of controversy recently–is that some kinds of administrative search, those looking for evidence of a regulatory violation or for the public interest, don’t require a warrant. But those searches historically have been special cases, like factory or inventory searches, not ones that invade peoples’ homes.
Trump’s Department of Homeland Security ignores our history and our rights. DHS takes the position that its heavily armed, masked ICE agents, inexplicably clothed in camo designed for plant-based concealment, can use unsworn “administrative warrants” issued by their co-workers to break into houses.
A federal district judge recently characterized DHS’ position as “the fox guarding the henhouse.” DHS’s actions look like clear Fourth Amendment violations; the Constitution protects all people who are in the United States, so every person, citizen or not, has the right to be secure in their home.
To understand why it is important to protect everyone, consider U.S. citizen ChongLy “Scott” Thao. ICE agents broke down Thao’s door, pointed guns at his family (including his 4-year-old grandson), and dragged him outside with nothing but a thin blanket around his shoulders, his underwear, and his sandals on a 16-degree day. They would not let him show his identification. They claimed to be searching for a sex offender who, it turned out, had no relationship with Mr. Thao and had been in prison in another city for over a year. Had the agents been forced to seek a warrant, to swear an oath, and to present their plans to a judge or magistrate, they probably would have identified the right person, the right address, or at least the right city.
Injustices like this are exactly the sort of things that the Founders experienced and wanted to protect themselves, their fellow Americans, and their descendants from. And it is absolutely not the kind of thing our government should be inflicting on us or anyone else. Americans are right to be enraged at these abhorrent, unconstitutional, and un-American actions.
Kelcey Patrick-Ferree and Shannon Patrick live in Iowa.
Originally published in the Press-Citizen on February 14, 2026.
With thanks to Andy and Sandra for their assistance.