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S. 4589IntroducedSenate · nowHousePresidentLawIn committee
Sec. 6 · S. 4589

Warrant requirements

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(a) Judicial warrants Notwithstanding any other provision of law, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and any regulation or policy issued by the Department of Homeland Security, an officer or agent of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection may not arrest or detain an individual without a judicially enforceable warrant issued by a magistrate judge or a judge appointed under article III of the Constitution of the United States who has been duly confirmed by the Senate. (b) Administrative warrants (1) In general Except as provided in paragraph (2), an administrative warrant, including a warrant of arrest or removal issued by an officer or employee of the Department of Homeland Security, may not— (A) authorize entry into a private residence or dwelling; or (B) be used to justify forced entry, coercive entry, or entry without consent. (2) Exceptions The restrictions set forth in paragraph (1) shall not apply with respect to an individual who is determined to be a flight risk or a danger to the public. (c) Remedies for violations If an immigration enforcement action is conducted in violation of this section— (1) any information obtained as a result of such action shall be prohibited from being entered into the record or received into evidence in a removal proceeding for purposes of establishing alienage or chargeability; and (2) the noncitizen who is the subject of such removal proceedings may file a motion to enforce the prohibition described in paragraph (1), including through a motion to terminate such proceedings.