In an August 13 interview on Fox News, Trump’s border czar (and former Fox contributor) Tom Homan acknowledged that federal agents must obtain a warrant signed by a judge before conducting a search on private property. Recent reporting from The Associated Press reveals that Homan’s comments directly contradicted an internal memo signed in May by acting ICE Director Todd Lyons, which purportedly authorized federal agents to enter homes without a judicial warrant.
According to this memo, instead of getting a judge’s signature before conducting a search, deportation officers may rely on an administration warrant, which, in the words of Georgetown Law professor Steve Vladeck, is a “piece of paper signed by an ICE officer.” Six former general counsels or acting general counsels for the Department of Homeland Security voiced objections to the ICE memo on the grounds that it violated the Fourth Amendment protections against unreasonable searches and seizures.
As we explained last week, Homan is the new face of President Donald Trump's mass deportation operation in Minnesota, replacing Border Patrol commander at large Greg Bovino. Fox largely praised the personnel shift and attempted to spin what appears to be a superficial rebranding effort as a substantial policy shift. Fox and Homan have worked in lockstep for months to promote wildly inflated and misleading statistics about the supposed criminal histories of people in ICE custody, further undermining the network’s narrative that he’s a restrained, trustworthy professional.
Given Homan's new role as head of Trump’s deportation machine, his acknowledgement of the Fourth Amendment could prove crucial. In August, he knew that for ICE agents to conduct a search of private property they needed a judge’s signature. Someone at Fox should ask him what he believes now.