4th Amendment

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190 Articles

“In Focus” Syllabus Supplements: ICE and CBP Operations in Minnesota and Other States (2025–2026)

This syllabus supplement offers curated articles intended to be combined with traditional casebooks in a law or higher ed classroom.
Multiple rows of razor wire fencing surround the California City Immigration Processing Center, with a guard tower flying the American, California state, and CoreCivic flags in the background. Three people walk within the fenced perimeter near tan detention buildings, with hazy desert hills visible in the distance.

Free Speech, Immigration Law, and Truth Telling at UCLA Law’s Recent Federalist Society Event

An immigration expert considers questions that might have been asked at DHS General Counsel Percival's UCLA Law Federalist Society event.

Fencing with Fourth Amendment: Unpacking the Supreme Court’s Chatrie Decision

Chatrie stands as an important but narrow reaffirmation of the Supreme Court’s determination not to let technology overwhelm all privacy expectations in the digital age.

Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches

"Members can recognize the Johnson proposal for what it is: a transparent attempt to preserve the status quo rather than answer the bipartisan calls for needed reform."
The U.S. Capitol is seen after the House narrowly passed a bill forwarding President Donald Trump's agenda at the U.S. Capitol on May 22, 2025 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)

Bogus “Antifa” Designations and FBI Warrantless Access to Americans’ Communications

"Any expert of national security surveillance law following the government’s escalating actions on “antifa” can connect the dots to FISA electronic surveillance."
Magnifying glass over computer code (vie Getty Images)

Myths and Facts About Section 702 Backdoor Searches: A Reply to George Croner

A rebuttal to George Croner’s critique of the Brennan Center’s “Myths and Facts” on FISA Section 702 backdoor searches and why RISAA falls short.
Federal Bureau of Investigation (FBI) Headquarters on Pennsylvania Avenue, Washington DC, USA. Blue Sky with Puffy clouds, Street, Rickshaw, Passersby and Green Trees are in the image. Wide angle lens.

The Truth Behind Section 702 Query Statistics

Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.

A Response to the Brennan Center’s “Myths and Facts” on Section 702 Backdoor Searches

A warrant mandate is unnecessary, legally mistaken, and damaging to national security as the program faces expiration on April 20, 2026.
The U.S. Department of Homeland Security emblem on the U.S.Immigration and Customs Enforcement building as seen on January 07, 2026 in Washington, DC.

How Secretary Mullin Can Reform DHS

If Secretary Mullin is serious about reforming DHS, then he should consider the following list of suggestions, based on information provided by whistleblowers.
​Wide angle shot of a U.S. Capitol Police ​officer stand​ing in a ​dim hallway ​inside the U.S. Capitol​. A bright light illuminates the space from above.

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702

Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.
​A man, ICE Acting Director Caleb Vitello​, surrounded by a least two other men, members of the New York City Fugitive Operations Team​, conduct targeted enforcement operations on January 28, 2025 in New York City. The officers are in "POLICE ICE" tactical gear.

The Deeper Problem with ICE’s Arrest Warrants

DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.
A U.S. Immigration and Customs Enforcement agent's back is to the camera, facing the front door of an apartment building during an immigration raid or enforcement operation.

ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel

DHS says ICE agents can enter homes to arrest noncitizens using administrative warrants, without judicial oversight. DHS's position has no legal basis.
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