Does ICE has the right to enter a home and search it without a warrant?
If they said open the door loudly and then you open the door for them, you refused to let them enter without a warrant but the pushed you and do it. Do they have the right to do that even if they coming to arrest somebody?
Can this be used as defense in removal proceeding or has no Value?
Who to report ICE misconduct and complaints ??
Report the alleged misconduct to the U.S. Department of Justice and/or the U.S. Attorney in your area. Suing ICE will be difficult indeed and you are unlikely to recover. The governments has LOTS of lawyers to fight these sort of lawsuits.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
No one, including ICE, is exempt from the requirements of a warrant and probable cause embodied in the Fourth Amendment. It can be used as a defense by filing a motion to suppress. You can also sue them for constitutional violations under 42 U.S.C 1983. Find a lawyer which handles both criminal defense and civil rights/liberties. Don't listen to lawyers who are scared of the government.
You can sue ICE but not under 42 usc 1983 because it's a federal agency with federal agents. Thus, the agents wouldn't have been acting under color of state law, as is required to bring a 1983 action. However you may be able to pursue what's called a Bivens action against the agents individually. And you can't sue the agency itself for the mere misconduct of its employees. You must have more.
Andrew M. Bonderud, Esq. -- Licensed in FL & TN; The Bonderud Law Firm ,P.A. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.
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