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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