Feds reject claims that ICE violates the Fourth Amendment

Federal authorities are unequivocally rejecting allegations that Immigration and Customs Enforcement officers are violating the Fourth Amendment, arguing that the agency is lawfully enforcing immigration laws while activists and protesters are attempting to shield illegal immigrants and other criminals from deportation.

The denial comes as federal officials say that ICE officers are regularly being attacked and threatened, including in Ohio.

On Thursday, Justin Novoa, 21, from Columbus, appeared before a federal judge for allegedly threatening ICE, according to ABC 6. Federal officials charged him with making threatening interstate communications, including threats to assault or murder a federal law enforcement officer.

According to federal prosecutors, Homeland Security Investigations received information in December 2025 about threats to ICE employees on X. An investigation revealed that in June 2025, Novoa allegedly posted: “they should blast every ice agent they find.” Later, in November 2025, Novoa allegedly posted “can’t wait to shoot these p***y ice agents and r******d maga maggots.”

Federal agents executed a search warrant at Novoa’s residence in December 2025, seizing firearms, including two rifles, as well as ammunition. Authorities said that Novoa also had two helmets and body armor.

Critics have alleged that the Trump administration has violated the Fourth Amendment and that the Immigration and Customs Enforcement agents are using administrative warrants to break into people’s homes.

The Associated Press obtained a May 12, 2025, ICE memo, in which the acting director of ICE, Todd Lyons, told the agents that they can break into someone’s home, even if they don’t have a judicial warrant signed by a judge.

“Although the U.S. Department of Homeland Security (DHS) has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose,” Lyons wrote.

The news source didn’t provide proof that the letter existed, but some people on X shared screenshots of it.

Homeland Security didn’t deny the AP story’s validity. Instead, it chose to defend its use of administrative warrants, stating that “administrative warrants have been used for decades, and the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement.”

“If an illegal alien has a final deportation order from an immigration judge and they refuse to leave, they are a fugitive from justice. In every case we serve an administrative warrant, there is probable cause, and the illegal alien has had full due process and a final order of removal,” DHS wrote on X. “Every illegal alien who DHS serves administrative warrants/I-205s has had full due process and a final order of removal from an immigration judge.

If an illegal alien has a final deportation order from an immigration judge and they refuse to leave, they are a fugitive from justice.

In every case we serve an administrative warrant, there is probable cause and the illegal alien has had full due process and a final order of… https://t.co/AYyCOHa2dl

— Homeland Security (@DHSgov) January 22, 2026

Assistant Secretary of the DHS, Tricia McLaughlin, wrote the same thing in her post on X, and some responded by saying that ICE’s guidance prohibits agents from entering a home without a judicial warrant.

They have an Administrative warrant.

Administrative warrants have been used for decades and recognized by the Supreme Court and lower courts.

In every case that DHS uses an Administrative warrant to enter a residence, an illegal alien has already had their full due process… https://t.co/i9jxFJFgne

— Tricia McLaughlin (@TriciaOhio) January 22, 2026

During a recent press conference, Vice President J.D. Vance also said it is permissible for ICE agents to use administrative warrants, adding that the “far-left agitators” are making it harder for them to do their job, according to Reuters.

“Nobody is talking about doing immigration enforcement without a warrant. We’re talking about different types of warrants that exist in our system,” he said. “Typically, in the immigration system, those are handled by administrative law judges. So we’re talking about getting warrants from them.”

In addition to their recent defense, the officials from the Trump administration also previously said that the left-wing activists protesting ICE activity prevent the agents from capturing and deporting “the worst of the worst,” a phrase that became very common among the officials.

“The deadly incident that took place yesterday in Minnesota yesterday occurred as a result of a larger, sinister left-wing movement that has spread across our country, where our brave men and women of federal law enforcement are under organized attack,” White House Press Secretary Karoline Leavitt said one day after Renee Good died in Minneapolis.