Ansari probes use-of-force, search warrant tactics during Congressional forum on ICE

During a Congressional forum this week, Rep. Yassamin Ansari questioned former ICE personnel on the agency’s search warrant and training practices.

The forum, held on Monday by the House Committee on Oversight and Government Reform, Ansari questioned witnesses including former ICE lawyer and cadet trainer Ryan Schwank.

“Yes or no, are ICE agents being told they can force entry into private homes without judicial warrants?” Ansari asked.

“Yes, they are,” Schwank said.

Ansari said that under DHS’s policies, ICE and Border Patrol agents have to comply with use-of-force restrictions under the Fourth Amendment.

“That is, that agents may only use force when ‘no reasonably effective, safe and feasible alternative appears to exist,” she said. “Instead, agents are engaging in a free for all — shooting, tasing, and pepper spraying wherever they see fit.”

Schwank told the lawmakers he resigned from the agency earlier this month.

“I’m here because I am duty-bound to report that the legally required training program at the ICE academy is deficient, defective and broken,” Schwank said. “Five months ago, I was asked to teach the law to ICE cadets at the ICE academy in Glynco, Georgia, where ICE is training its new, inexperienced recruits.”

Schwank testified that he had received secretive orders to train new ICE cadets to enter homes without a warrant signed by a judge — a violation of the U.S. Constitution. He also said the agency has cut 240 hours of classes on everything from the U.S. legal system, firearms training, the limits of officer authority and other training elements.

“For example, they ceased all the legal instructions regarding use of force. This means cadets are not taught what it means to be objectively reasonable — the very standard which the law requires them to meet when deciding whether or not to use deadly force,” he said.

An ICE spokesperson refuted Schwank’s testimony and said no training requirements have been removed and new hires undergo 56 days of training and an average of 28 days of on-the-job training.

“Despite false claims from the media and sanctuary politicians, no training hours have been cut. Our officers receive extensive firearm training, are taught de-escalation tactics, and receive Fourth and Fifth Amendment comprehensive instruction,” Deputy Assistant Secretary Lauren Bis said in an emailed statement.

The agency says DHS has “streamlined training to cut redundancy and incorporate technology advancements,” but said no subject matter has been cut.

The forum is the latest inquiry into the agency following its operation in Minnesota — where federal immigration agents fatally shot two U.S. citizens and detained some 3,000 people. Lawmakers released a trove of ICE training documents alongside the forum put together by agency whistleblowers.

Last month, the Arizona Attorney General’s office set up a portal where residents can report potential misconduct by federal agents. This month, Pima County leaders advanced a local resolution that would bar ICE from using county-owned property without a warrant signed by a judge.