Rheingans Introduces Legislation to Strengthen Fourth Amendment Protections, Hold DHS and ICE Accountable

Press Release

LANSING, Mich., Feb. 2, 2026 — State Rep. Carrie Rheingans (D-Ann Arbor) last week introduced legislation to strengthen Fourth Amendment protections in Michigan. The legislation would limit state law immunities from federal officers who enter a Michigander’s home without a judicial warrant. It would also prohibit stops, detentions and arrests based solely on personal characteristics while agents operate in Michigan.

The legislation, HB 5495, comes amid heightened national concern following a leaked U.S. Department of Homeland Security (DHS) memo telling Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) that they can enter people’s homes without a judicial warrant, despite its blatant violation of the Fourth Amendment’s prohibition against unlawful searches and seizures. This memo, along with the recent actions in Minnesota, including the killings of Renee Good and Alex Pretti, have raised serious concerns about enforcement practices, the use of force and respect for constitutional rights.

“If the government can detain you based on how you look or enter your home without a judicial warrant, then the Fourth Amendment is meaningless,” Rheingans said. “My bill affirms our commitment to defending the freedoms of all Michiganders and says clearly: Michigan will not tolerate lawless enforcement. A federal badge or title does not place anyone above the Constitution, and agents who violate people’s basic rights should not receive immunity under our laws.”

The legislation would amend Michigan’s Code of Criminal Procedure to:

  • Prohibit stops, detentions or arrests based solely on personal characteristics, including race or ethnicity, the language someone speaks, religious affiliation or religious symbols, perceived sexual orientation or gender identity, perceived political opinions, or assumptions about immigration status.
  • Require federal officers to follow these constitutional protections in order to enforce state law in Michigan and deny them special legal protections if they violate those rights.
  • Reiterate that officers may not forcibly enter anybody’s homes without a judicial warrant, consistent with core Fourth Amendment principles and long-standing constitutional protections.

Rheingans also introduced a House resolution urging the U.S. Congress to impeach and remove DHS Secretary Kristi Noem, citing allegations and reported abuses tied to ICE operations and broader civil rights concerns.

“Under Trump’s leadership, DHS and ICE are operating like a secret police force: accountable to no one, trampling constitutional rights and terrorizing communities. Congress needs to grow a spine and impeach and remove her from office now,” Rheingans concluded.

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