Sen. Markwayne Mullin says he would require ICE to use judicial warrants to enter homes
Senator grills Markwayne Mullin on ICE
Senator Richard Blumenthal grilled Sen. Markwayne Mullin about ICE's conduct during Mullin's confirmation hearing as he seeks to become Secretary of the Department of Homeland Security.
(FOX 9) - Department of Homeland Security nominee Sen. Markwayne Mullin told senators during a confirmation hearing on Wednesday that he would require ICE officers to use judicial warrants to enter homes in most circumstances.
Mullin testifies to Senate committee
The backstory:
Mullin made the remarks during questioning from Sen. Richard Blumenthal during Mullin's confirmation hearing at the Committee on Homeland Security and Governmental Affairs.
Mullin has been nominated by President Trump to replace Sec. Kristi Noem, who President Trump announced earlier this month would be removed as Secretary of Homeland Security.
Big picture view:
Sen. Blumenthal asked about ICE's recent practice of relying on administrative warrants to enter homes instead of judicial warrants.
Judicial warrants are legal warrants signed by judges. Administrative warrants, also known as I-205 forms, are issued by a federal agency like the Department of Homeland Security or ICE. A memo sent out by Director Todd Lyons last year obtained by the Associated Press told ICE officers they could use administrative warrants to enter homes, if the wanted subject had a final order for removal from an immigration judge.
The memo marked a reversal of the longstanding agency policy regarding warrants. Critics have questioned the constitutionality of the administrative warrants. The Department of Homeland Security has argued that administrative warrants have long been recognized by the courts and Congress as legal in immigration cases.
Rand Paul and Markwayne Mullin's fiery exchange
Sen. Rand Paul and Sen. Markwayne Mullin took part in a fiery exchange during Mullin's confirmation hearing for Secretary of Homeland Security on Wednesday over violent rhetoric Paul accused Mullin of using.
Mullin says he'd direct ICE to use judicial warrants
What they're saying:
Under questioning, Senator Blumenthal accused ICE of violating people's rights by entering homes without judicial warrants.
"I know you don't like the word break in, but forcibly enter is breaking into somebody's home, bashing down the door, terrorizing children… Will you commit that no longer will ICE agents or CBP agents be instructed to forcibly enter people's homes without a judicial warrant?"
"Sir, I have already answered this question for you," responded Mullin. "I said we will not enter a home or a place of business without a judicial warrant, unless we're pursuing an individual that runs into a place of business, or resident or a house."
Later, responding to questions from Sen. Rick Scott, Mullin re-affirmed this statement.
"If we have to serve judicial warrants, let us serve the judicial warrants," Sen. Mullin said, when asked about how he'd deal with sanctuary cities.
What's next:
The committee vote on Mullin's confirmation is expected on Thursday. If Mullin clears the committee, the next step would be a full vote of the Senate.