TUCSON, Ariz. (KGUN) — Border Patrol agents entered a private property without a warrant and arrested three migrants, according to advocacy group No More Deaths.
Video footage they provided KGUN9 News appears to show what the group said are Border Patrol agents attempting to enter a trailer on the property before eventually gaining access.
Mónica Ruiz House, media outreach coordinator for No More Deaths, said agents initially approached the gated property and requested entry.
"They first presented themselves at the entrance where it's a gated property and so they're like can we please come in? We were like do you have a warrant? We told them no," Ruiz House said.
An hour later, Ruiz House said the agents returned and arrested three migrants. She said their justification that they didn't need a warrant because they were in hot pursuit is not legally valid.
"That unfortunately only applies if you're actually in the middle of chasing someone and that was clearly not the case since they stepped away for about an hour," Ruiz House said.
According to Ruiz House, the agents broke doors and windows during the entry. She said the action violates the Fourth Amendment, which prohibits unreasonable search and seizure.
"We teach oftentimes about there are public spaces and there are private spaces. In private spaces are ones that are protected by Fourth Amendments and you would need a warrant to enter them," Ruiz House said.
Customs and Border Protection initially did not respond to multiple emails and phone calls by KGUN9 News staff. On Thursday, their representative responded by saying that on November 23, they arrested three migrants who were in the country illegally during enforcement operations.
They said two were from Mexico and were previously removed from the U.S. and one was from Guatemala. They said they will remain in ICE custody pending removal.
“Thanks to President Trump’s immigration policies and Secretary Noem’s leadership, the dedicated men and women of CBP continue to keep our nation safe from illegal aliens. There are no legal sanctuaries where aliens can hide and avoid the consequences for breaking the law,” CBP representative John Mennell said.
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Andrew Christiansen is a reporter for KGUN 9. Before joining the team, Andrew reported in Corpus Christi, Texas for KRIS6 News, Action 10 News and guest reported in Spanish for Telemundo Corpus Christi. Share your story ideas with Andrew by emailing andrew.christiansen@kgun9.com or by connecting on Facebook, or Twitter.