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33 N.Y.U. Rev. L. & Soc. Change 561 (2009)
The Ice Storm in the U.S. Homes: An Urgent Call for Policy Change

handle is hein.journals/nyuls33 and id is 569 raw text is: THE ICE STORM IN U.S. HOMES: AN URGENT CALL FOR POLICY CHANGE KATHERINE EVANS* ABSTRACT Since its creation in 2003, the Bureau of Immigration and Customs Enforcement (ICE) has used increasingly aggressive tactics to enforce U.S. immigration law. One of ICE's most prominent enforcement initiatives is its practice of raiding the homes of immigrants. Accounts of home raids from victims all over the country reveal a pattern of practice that differs widely from ICE's official statements regarding raids. This paper establishes that although immigration officials are governed by the Fourth Amendment when conducting home raids, ICE's agents nonetheless regularly violate the Constitution when carrying out home raids. Additionally, this paper argues that the number and nature of these constitutional violations, combined with the social costs of the raids, present a compelling case for policy change. The paper concludes with a series of policy proposals that would rectify the profound invasions of privacy and degrading treatment many immigrants in this country are currently experiencing. A BSTRA CT ........................................................................................................ 561 INTR O D U CT IO N ............................................................................................... 562 I. ICE's POLICY VERSUS ITS PRACTICE ..................................................... 569 A. ICE Policy: Statements by Officials Regarding Home Raids .. 569 B. ICE Practice: A Divergent Pattern Emerges from Accounts of Raids A cross the Country ............................... ........................ 572 C. The Target: Fugitive Aliens or Collateral Arrests ..................... 573 II. HOME RAIDS AND THE FOURTH AMENDMENT: ICE'S CURRENT PRACTICE GIVES RISE TO MULTIPLE CONSTITUTIONAL CLAIMS ..... 576 A. The Fourth Amendment Applies to Home Raids by Im m igration O fficials .................................................................... 577 * J.D., New York University School of Law, 2009. I am grateful to Professor Cristina Rodrfguez for her guidance on all aspects of this paper; to Professor Nancy Morawetz for the inspiration; to Peter Markowitz for sharing his thoughts and the materials of the Immigration Justice Clinic at the Cardozo School of Law; to Aaron Clark-Rizzio and Sara Johnson for their feedback; to the editors of N.Y.U. Review of Law & Social Change for their immense help; to Karen and Ron Evans for caring for their grandson as I developed this paper; and to Ryan Walquist. 561 Reprinted with Permission of the New York University School of Law

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