MILWAUKEE — Protests are underway in cities across the country after federal agents shot three people over the past two days.
A situation in Milwaukee dating back to Oct. 29 raises questions about whether Immigration and Customs Enforcement, known as ICE, can make arrests without a judicial warrant.
Heather Asiyanbi was volunteering at Milwaukee Urban Stables in October when ICE agents from the Enforcement and Removal Operations division pulled into the facility’s parking lot.
Heather Asiyanbi
“And I said, you can’t be here. We do learning and therapy here. You can’t be here. And he said, alright, alright, we’re leaving,” Asiyanbi said.
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The agents left without making any arrests or detaining anyone. Asiyanbi believes ICE departed because they were on private property without presenting a warrant.
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However, immigration attorney Cain Oulahan says the situation isn’t that straightforward.
“If ICE is coming into your business, certainly you’re going to want to ask for a warrant if they want to go beyond the public lobby. But if you’re in a parking lot, it’s much more of a gray area,” Oulahan said.
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ICE can generally go anywhere the public can access, according to Oulahan.
The confusion arises when searches occur on private property, such as inside homes or businesses, where specific warrants are required when the owner doesn’t provide consent to the search.
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Watch here: What an immigration attorney has to say about where ICE is legally able to make arrests without a judicial warrant.
Immigration attorney explains where ICE can and can’t make arrests without a judicial warrant
“A lot of folks don’t know there are different types of warrants,” Oulahan said.
ICE uses two distinct types of warrants for operations. Administrative warrants are issued by the Department of Homeland Security and are more commonly obtained to help ICE identify and arrest people they believe are subject to deportation.
“That does not allow them to enter a home without consent or private areas of a business,” Oulahan said.
The second type is a judicial warrant signed by a federal judge, which carries more authority.
“If it is a judicial warrant, you are legally required to let them in,” Oulahan said.
Despite the legal complexities, Asiyanbi has no regrets about her actions and would handle a similar situation the same way.
“Everyday. Everyday. I believe it is my duty as a citizen and a neighbor to do it again,” Asiyanbi said. “I think there needs to be where can they go, where can’t they go. There does need to be a better definition of that,” Asiyanbi said.
This article was written by Ben Jordan for the Scripps News Group in Milwaukee.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
