Federal Court in Boston asked to halt ICE’s home invasion policy after court filing, lawsuit

BOSTON — Today, Lawyers for Civil Rights and a coalition of immigrant rights organizations asked the federal court in Boston to stop the implementation of ICE’s policy allowing immigration officers to forcibly enter private homes without a judicial warrant. 

The Greater Boston Latino Network, Brazilian Worker Center, and Massachusetts Communities Action Network, with representation by Lawyers for Civil Rights and pro bono counsel from Hagens Berman Sobol Shapiro LLP, filed a Motion for Summary Judgment arguing that ICE’s warrantless home invasion policy is illegal and that the case can be decided immediately without a trial. They also asked the court to immediately pause the policy while litigation proceeds against ICE.

The filing in the pending litigation against ICE includes testimony from a former ICE attorney-turned-whistleblower who exposed the warrantless home invasion policy. The whistleblower alleges through detailed accounts that ICE officers were instructed and trained to use only internal agency paperwork (Form I-205s) rather than judicial warrants to force their way into private homes. He explains that the ICE policy was “mandatory and in force guidance,” but that it was “intentionally left out of written training materials to hide the policy change from the public” and “agency practice deviated from standard procedure.”

Immigrant rights groups filed the lawsuit because they say ICE’s home invasion tactics violate the Administrative Procedure Act.

“The policy is patently unconstitutional and violates the Fourth Amendment by allowing the government to enter a person’s home without a judicial warrant. It also violates federal statutes and agency regulations and was enacted without proper procedures.”

“The Fourth Amendment is not optional—it is a bedrock protection that no agency, no administration, and no policy can override. ICE has invented its own permission slip to enter people’s homes, bypassing judges and legal oversight entirely. We are asking the Court to stop this unlawful ICE policy, restore constitutional protections, and keep all our homes safe,” said Brooke Simone, Staff Attorney at Lawyers for Civil Rights.

The groups state that “ICE’s warrantless home invasion policy has caused widespread fear and confusion within immigrant communities. And it has directly and irreparably harmed the plaintiffs—organizations that serve those communities.”

“The plaintiffs have long relied on settled legal precedent to advise immigrant families on their constitutional rights, including their Fourth Amendment right to security in the home. ICE’s new policy upends that advice, undermining the counsel these organizations have long provided and leaving them in the impossible position of deciphering rights in the face of an unlawful policy,” noted Hannah Brennan, Partner at Hagens Berman.

“Our organization provides guidance and support to immigrants throughout Greater Boston. For decades, we told people that they are safe at home unless law enforcement has a judicial warrant,” said Lenita Reason, Executive Director of the Brazilian Worker Center. “But now, as a result of ICE’s policy, we don’t know what rights exist anymore. Our community is panicked.”

“The Greater Boston Latino Network and our member organizations have spent years building trust with our community—training families on their rights, distributing red cards, and telling people that their homes are safe if ICE does not have a judicial warrant. ICE’s warrantless home invasion policy has undermined all of that work. We no longer know what to tell the families, youth, and students we serve. That uncertainty is devastating, and it is exactly why we are asking the court to put a stop to this unlawful policy,” said Dr. Celina Miranda, Co-Chair of the Greater Boston Latino Network.

“No family should have to wonder whether their home is safe. ICE is using paperwork it created itself—with no judge, no oversight, no constitutional authority—to break down doors and terrorize communities. We will not stand by while our neighbors live in fear in their own homes,” added Janine Carreiro-Young, Co-Executive Director of Massachusetts Communities Action Network.

The filing is available here. The case is Greater Boston Latino Network et al. v. Markwayne Mullin et al., No. 26-CV-10472.