Across the Charlotte area, people have seen signs on businesses telling Border Patrol and ICE not to enter.
CHARLOTTE, N.C. — As Border Patrol continues its immigration operations in Charlotte, many people are asking if federal agents are allowed to enter private businesses to look for people who are in the country illegally.
Several people told WCNC Charlotte that they’ve seen signs on businesses indicating Border Patrol and ICE cannot enter, but do those signs have any authority? Are federal agents required to have a warrant?
OUR SOURCES
- The National Immigration Law Center
- THE ACLU
- The Fourth Amendment
THE QUESTION
Can Border Patrol enter a private business without a warrant?
The National Immigration Center states agents can enter public areas of your business without permission, including a dining area in a restaurant, parking lots and lobbies or waiting areas.
However, places like kitchens, offices, employee-only sections or locked or controlled access areas are not considered public.
THE QUESTION
Does Border Patrol or ICE need a warrant to enter your home?
Border Patrol and ICE are not allowed to enter your home without a warrant. The Fourth Amendment of the Constitution protects the inside of your home from unreasonable searches.
So, unless there is a warrant signed by a judge, Border Patrol and ICE are required to have a warrant to enter your home.
THE QUESTION
Does Border Patrol need a warrant to pull you over?
According to the ACLU, Border Patrol agents don’t need a warrant to conduct a traffic stop; however, they must have reasonable suspicion of a crime or immigration violation to do so.
