Stevan Bunnell, Gus Coldebella, Ivan Fong, Kara Lynum, Jonathan Meyer, and John Mitnick all served as general counsels or acting general counsels for the DHS. They write:

Immigration and Customs Enforcement has reportedly issued a memorandum that authorizes its agents to enter private residences forcibly without a judicial warrant. James Percival, the general counsel for the Department of Homeland Security, recently defended the department’s policy and wrote that “deep-state actors in the federal government have for decades told ICE officers that they may not enter a fugitive alien’s home even with a final order of removal and administrative warrant.”

We disagree.

We previously sat in the seat he now occupies, serving in both Republican and Democratic administrations; this is not a partisan issue. We disagree not only with Mr. Percival’s position but also with his characterization of lawyers at the Department of Homeland Security and elsewhere who seek to uphold the rule of law.

It is not the so-called deep state that has restrained ICE from entering homes using only administrative warrants. It is the Fourth Amendment to the Constitution — and the lawyers who took an oath to support and defend it. We worked with thousands of homeland security lawyers. They sought to ensure that the department’s actions are lawful and protect the constitutional rights of the people its agents encounter in day-to-day operations. Attempting to tarnish department attorneys as “deep state” operatives for giving legal advice that is faithful to the Constitution is not only offensive but also dangerous. It sends a message: If you give your best professional advice and urge the department to respect the law, you will be attacked for doing your job. [Continue reading…]