A federal judge ruled that ICE’s “knock and talk” practice of arresting illegal immigrants at their home is unconstitutional. U.S. District Judge Otis D. Wright announced that the practice must end, stating that agents rarely obtained warrants and instead relied on migrants voluntarily answering the door. The ruling applies specifically to ICE’s Los Angeles field office, which covers much of Southern California. The field office heavily relied on this tactic, with an expert witness testifying that it accounted for at least 8% of arrests made in 2022.
ICE argued that its agents could enter private areas to knock on the door, akin to mail carriers and delivery people. However, Judge Wright rejected this argument, noting that agents would often approach a migrant’s home without consent, claiming to be “conducting an investigation” without revealing their true intent. Wright emphasized that the actual purpose of a “knock and talk” is to make an immigration arrest, dubbing it more accurately as “knock and arrests.” He specified that agents could enter protected areas only if their true reason was to talk, and not just to arrest the occupant.
The ACLU of Southern California, among other groups, celebrated the ruling, calling the “knock and talk” tactic unconstitutional and a violation of migrants’ rights. Stephanie Padilla, staff attorney at the ACLU of Southern California, highlighted the importance of feeling safe in one’s own home regardless of immigration status. She explained that since ICE lacks judicial warrants, they primarily rely on “knock and talks” to conduct home arrests. The ruling is expected to significantly limit ICE’s ability to carry out home arrests using this unconstitutional tactic.
Judge Wright’s decision emphasized the need for agents to have a judicial warrant with the intent to arrest an occupant before using the “knock and talk” tactic. While ICE’s Los Angeles field office has not yet responded to requests for comment, the ruling marks a significant victory for migrant rights activists. Moving forward, the order will prevent ICE from continuing to utilize this practice in Southern California. The ruling challenges the agency to reassess its methods of apprehending illegal immigrants and to abide by constitutional standards in the arrest process.
Overall, the ruling by Judge Wright serves as a step towards protecting the rights of illegal immigrants in Southern California while holding ICE agents accountable for their actions. By declaring the “knock and talk” tactic as unconstitutional and ordering its end, the ruling sets a precedent for ensuring that law enforcement agencies operate within the bounds of the law. This decision not only impacts ICE’s Los Angeles field office but also sends a message about the importance of following proper procedures and obtaining warrants before making arrests, regardless of a person’s immigration status.
