ICE's New Policy on Home Entry Without Judicial Warrants

A recently disclosed internal memo from the U.S. Immigration and Customs Enforcement (ICE) has authorized officers to forcibly enter homes without judicial warrants in cases involving individuals with deportation orders. This directive, dated May 12, 2025, and signed by Acting ICE Director Todd Lyons, marks a significant departure from longstanding practices that required judicial approval for such actions. The memo allows ICE agents to use administrative warrants, known as Form I-205, to arrest individuals who have received final orders of removal from immigration judges or other legal authorities.

ICE says its officers can forcibly enter homes during immigration operations without judicial warrants: 2025 memoInternal memo authorizes ICE to enter homes without judicial warrants in some casesInternal memo allows ICE to use ‘reasonable amount of force’ to enter homes without judicial warrants'The Fourth Amendment Literally Exists to Prevent This': Memo Claims ICE Can Forcibly Enter Homes Without Judicial Warrants

The memo has raised serious concerns regarding Fourth Amendment protections against unreasonable searches and seizures. Historically, ICE has maintained that administrative warrants do not permit forced entry into private residences. Critics argue that this new policy undermines constitutional safeguards and could lead to unlawful searches. Fred Tsao, senior policy counsel at the Illinois Council of Immigrant and Refugee Rights, emphasized that the directive disregards the need for judicial oversight, stating, “The Fourth Amendment protects everyone residing in the U.S. from illegal searches and seizures—regardless of their status.”

Immigrant advocates slam ICE memo claiming agents can raid homes without a judge's warrant

In response to the memo, DHS spokesperson Tricia McLaughlin defended the policy, asserting that individuals served with administrative warrants have undergone "full due process" and that the warrants are based on probable cause. McLaughlin stated, “For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement.” However, the whistleblower group Whistleblower Aid has criticized the policy, claiming it contradicts established legal standards and could lead to violations of constitutional rights.

Internal memo authorizes ICE to enter homes without judicial warrants in some cases

The memo has faced backlash from various advocacy groups and lawmakers. Senator Richard Blumenthal described the policy as “legally and morally abhorrent,” arguing that it exemplifies dangerous abuses of power. Whistleblower Aid highlighted that the memo was not widely distributed within ICE, suggesting a lack of transparency and accountability. Critics have also pointed out that the policy could lead to increased tensions and fear within immigrant communities, as it encourages agents to act without judicial oversight.

ICE says its officers can forcibly enter homes during immigration operations without judicial warrants: 2025 memo

Reports from immigrant advocates indicate that ICE operations have intensified, particularly in cities like Minneapolis, where recent incidents have involved agents forcibly entering homes without judicial warrants. Kevin Fee, legal director of the ACLU of Illinois, noted that cases of agents breaking into homes have been reported, raising alarms about the legality of such actions. The directive has prompted calls for legal challenges, as many believe it violates established constitutional protections.

Immigrant advocates slam ICE memo claiming agents can raid homes without a judge's warrant

The implementation of this policy is expected to face significant legal scrutiny. Advocacy groups, including the ACLU, have expressed their readiness to challenge any cases of unlawful entry based on administrative warrants. As the situation develops, immigrant rights organizations are urging communities to remain vigilant and informed about their rights regarding interactions with ICE agents.

Immigrant advocates slam ICE memo claiming agents can raid homes without a judge's warrant

• “This ‘policy’ flies in the face of longstanding federal law enforcement training material and policies, all rooted in constitutional assessments.” — Whistleblower Aid

ICE says its officers can forcibly enter homes during immigration operations without judicial warrants: 2025 memo

• “In our democracy, with vanishingly rare exceptions, the government is barred from breaking into your home without a judge giving a green light.” — Senator Richard Blumenthal

ICE says its officers can forcibly enter homes during immigration operations without judicial warrants: 2025 memo

• “But on the other hand, it still shocks the conscience that this administration would go so far to violate longstanding constitutional standards.” — Fred Tsao, Illinois Council of Immigrant and Refugee Rights

Immigrant advocates slam ICE memo claiming agents can raid homes without a judge's warrant

• “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” — Fourth Amendment, U.S. Constitution

'The Fourth Amendment Literally Exists to Prevent This': Memo Claims ICE Can Forcibly Enter Homes Without Judicial Warrants