Six former attorneys for the Department of Homeland Security chastised the agency's current general counsel for defending a blatantly unconstitutional policy to allow federal agents to enter homes without a warrant.
Immigration and Customs Enforcement has reportedly issued a memorandum authorizing agents to forcibly enter private residences without a judicial warrant. The former DHS general counsels published a column for the New York Times shaming current general counsel James Percival for arguing that such raids are necessary due to "deep-state actors."
"We disagree," stated the op-ed signed by Stevan Bunnell, Gus Coldebella, Ivan Fong, Kara Lynum, Jonathan Meyer and John Mitnick.
"We previously sat in the seat he now occupies, serving in both Republican and Democratic administrations; this is not a partisan issue," they added. "We disagree not only with Mr. Percival’s position but also with his characterization of lawyers at the Department of Homeland Security and elsewhere who seek to uphold the rule of law."
The Fourth Amendment, not the deep state, prevents ICE from entering homes using only administrative warrants, and the former general counsels blasted Percival for claiming otherwise.
"Attempting to tarnish department attorneys as 'deep state' operatives for giving legal advice that is faithful to the Constitution is not only offensive but also dangerous," the wrote. "It sends a message: If you give your best professional advice and urge the department to respect the law, you will be attacked for doing your job."
A general counsel is tasked with providing sound legal advice and analysis to the administration, not cook up legal cover or constitutional workarounds, the former officials wrote, and sometimes those duties require them to advise that a policy is unlawful.
"That is not sabotage; it is upholding the rule of law," they wrote.
The Constitution does not hold back the right to be secure in one's own home to American citizens only, as Percival argued, and they said the secrecy of the DHS memorandum exposed the weakness of his arguments.
"All of us made difficult decisions during our service at the Department of Homeland Security, but none of us needed to lean into conspiracy theories to justify them," they wrote. "We have not always agreed with one another, but we served with dedication and integrity and were honored to work for the American people. We provided our best counsel based on fidelity to the law. We urge the Department of Homeland Security to adhere to the Constitution and end the practice of conducting forcible entry into homes without judicial warrants."