ICE Directive Permits Forced Home Entry Without Judicial Warrants
Federal immigration officers are claiming extensive authority to forcibly enter private residences without obtaining a judge's warrant, according to an internal memorandum from Immigration and Customs Enforcement obtained by The Associated Press. This policy represents a significant departure from longstanding guidance designed to respect constitutional limitations on government searches.
Constitutional Concerns Raised
The memo explicitly authorises ICE officers to use force when entering a residence based solely on an administrative warrant to arrest individuals with final removal orders. Legal advocates argue this approach directly conflicts with Fourth Amendment protections against unreasonable searches and seizures, effectively overturning years of advice provided to immigrant communities about their rights when confronted by immigration agents.
For years, immigrant advocacy groups, legal aid organisations, and local governments have consistently advised people not to open their doors to immigration agents unless presented with a warrant signed by a judge. This guidance stems from Supreme Court rulings that generally prohibit law enforcement from entering homes without judicial approval. The ICE directive fundamentally undermines this established advice during a period when immigration arrests are accelerating under the current administration's enforcement crackdown.
Implementation and Training Changes
Although the memo has not been widely distributed within the agency according to a whistleblower complaint, its contents have been incorporated into training for new ICE officers being deployed nationwide to implement the president's immigration enforcement agenda. New hires and those still undergoing training are reportedly being instructed to follow the memo's guidance rather than existing written training materials that contradict these new directives.
The Associated Press directly observed the practical application of this policy on January 11th, witnessing ICE officers forcibly entering the Minneapolis home of a Liberian man using only an administrative warrant. The officers wore heavy tactical gear and carried drawn rifles during the operation, which resulted in the man's arrest despite the absence of judicial authorisation for the home entry.
Legal and Political Implications
The policy shift is almost certain to face significant legal challenges and substantial criticism from advocacy groups and immigrant-friendly state and local governments. These entities have spent years successfully encouraging people to exercise their constitutional rights by refusing entry to immigration agents without judicial warrants.
The memo, signed by acting ICE director Todd Lyons and dated May 12th, 2025, states: "Although the U.S. Department of Homeland Security has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose."
Operational Procedures and Limitations
The directive outlines specific procedures officers must follow, including knocking on doors, identifying themselves, explaining their purpose, and limiting operations to hours between 6 a.m. and 10 p.m. Individuals inside must be given a "reasonable chance to act lawfully" before officers can resort to force. The memo states: "Should the alien refuse admittance, ICE officers and agents should use only a necessary and reasonable amount of force to enter the alien's residence, following proper notification of the officer or agent's authority and intent to enter."
Despite being addressed to all ICE personnel, the memo has reportedly been shown only to select DHS officials who then shared it with specific employees under restricted conditions. According to Whistleblower Aid, one whistleblower was permitted to view the document only in a supervisor's presence without taking notes before returning it.
Training Discrepancies and Enforcement Tactics
ICE has been rapidly hiring thousands of new deportation officers to execute the administration's mass deportation agenda, with training conducted at the Federal Law Enforcement Training Center in Brunswick, Georgia. During an August visit by The Associated Press, ICE officials repeatedly stated that new officers were being trained to respect Fourth Amendment protections.
However, whistleblower accounts contradict these assurances, revealing that newly hired officers are being instructed they can rely solely on administrative warrants for home entries despite conflicting with established Homeland Security training materials. This represents a significant departure from traditional ICE practices where officers often wait for individuals to appear in public spaces like sidewalks or workplaces to make arrests without risking Fourth Amendment violations.
Whistleblower Aid has characterised the new policy as a "complete break from the law" that fundamentally undermines "the Fourth Amendment and the rights it protects," setting the stage for significant legal battles over immigration enforcement practices and constitutional protections.
