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Immigrants' Rights Project: Search and Seizure

Document Date: November 2, 2006

Most Americans can’t imagine being corralled at the workplace or woken up in the middle of the night by strangers and forced to supply proof of citizenship. Yet that’s exactly what happens to many Latinos in this country whether they are here legally or not, despite the Fourth Amendment’s prohibition of warrantless intrusions into private homes, which apply to all persons, regardless of immigration status.

Yet Immigration and Customs Enforcement (ICE) has aggressively stepped up enforcement efforts by conducting numerous and far-reaching worksite and residential raids. ICE is known to engage in a pattern and practice of selectively targeting predominantly Latino neighborhoods and worksites; entering people’s homes without proper warrants; and manipulating, coercing or intimidating already scared individuals to “consent” to enter their homes in order to conduct interrogations about their immigration status.

Looking Latino and speaking Spanish is not enough to justify probable cause for questioning and arresting a person. We live in a country where the Constitution ensures that all persons should be given equal protection and fair treatment under the law regardless of the color of their skin, their appearance or their accent.

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