The Disagreement over Judicial and Administrative Warrants for ICE

One of the sticking points in the standoff between Democrats and Republicans over funding for the Department of Homeland Security has been the Trump administration's expanded use of administrative warrants to forcibly enter people's homes to make immigration arrests. Democrats argue the new DHS policy runs afoul of the Constitution and have demanded immigration officers obtain judicial warrants — a higher legal bar that requires a judge's approval — to forcibly enter a home.

The Trump administration contends that immigrants in the country illegally who have received a final order of removal from immigration judges are not entitled to Fourth Amendment protections — a position many immigration law experts dispute. And several lawmakers have argued that the additional requirement for judicial warrants would significantly curtail immigration enforcement efforts.