ICE Memo Claims Expanded Powers for Warrantless Home Entries, Triggers Constitutional Concerns
Federal immigration officers are asserting expanded authority to forcibly enter private residences without a judge's warrant, according to an internal Immigration and Customs Enforcement (ICE) memo obtained by The Associated Press. This directive, dated 12 May 2025, has ignited significant constitutional concerns and prompted urgent calls for a congressional investigation into the matter.
Shift from Long-Standing Enforcement Practice
The memo authorises ICE agents to enter homes using administrative warrants—specifically Form I-205—rather than warrants signed by a judge, to arrest individuals with final orders of removal. This represents a sharp reversal of longstanding guidance that respected Fourth Amendment protections against unreasonable searches and seizures.
Traditionally, ICE arrests have been largely confined to public spaces, as administrative warrants were not considered sufficient to justify entry into private residences. For years, immigrant advocacy groups and local governments have advised residents not to open their doors to immigration officers unless presented with a judicial warrant. This advice is rooted in Supreme Court rulings that strictly limit warrantless home searches.
The new memo directly undercuts this established practice, as the Trump administration expands immigration arrests nationwide under a mass deportation campaign. The whistleblower group that shared the memo with Sen. Richard Blumenthal, D-Conn., emphasised in their complaint to Congress that "only a warrant issued by a 'neutral and detached magistrate' would authorise ICE agents to enter or search nonpublic areas such as an alien's residence."
What the Controversial Memo Allows
According to the whistleblower complaint, the memo instructs agents that Form I-205 alone can justify home entry, provided it is supported by a final order of removal. The document states: "Officers and agents must also have reason to believe that the subject alien resides at and is currently located at the address where the Form I-205 is to be served."
This policy shift is alleged to have been implemented in a secretive manner. The complaint claims the policy was tightly held within the Department of Homeland Security (DHS) and deliberately kept out of written training materials. "The May 12 Memo has been provided to select DHS officials who are then directed to verbally brief the new policy for action," the complaint states.
Supervisors reportedly showed the memo to some agents, instructed them to read it, and then required them to return it. New ICE recruits are allegedly being trained verbally that administrative warrants permit home arrests without consent or judicial approval, raising transparency concerns.
DHS Defends Administrative Warrants Amid Criticism
The Department of Homeland Security has pushed back against the criticism, defending the legality of administrative warrants in immigration enforcement. Tricia McLaughlin, DHS Assistant Secretary for Public Affairs, stated: "Every illegal alien who DHS serves administrative warrants/I-205s have had full due process and a final order of removal from an immigration judge."
She further argued: "The officers issuing these administrative warrants also have found probable cause. For decades, the Supreme Court and Congress have recognised the propriety of administrative warrants in cases of immigration enforcement." This defence highlights the ongoing tension between enforcement priorities and constitutional protections.
Democrats Call for Investigation into Civil Liberties Threat
Sen. Richard Blumenthal has called for an immediate investigation into the directive, warning that it poses a serious threat to civil liberties. He declared: "Every American should be terrified by this secret ICE policy authorising its agents to kick down your door and storm into your home."
Blumenthal emphasised: "It is a legally and morally abhorrent policy… In our democracy, with vanishingly rare exceptions, the government is barred from breaking into your home without a judge giving a green light." His statement underscores the broader implications for privacy rights and the rule of law.
The memo, signed by Acting ICE Director Todd Lyons, has sparked a heated debate over the balance between immigration enforcement and constitutional safeguards. As the Trump administration intensifies its deportation efforts, this policy change could have far-reaching consequences for immigrant communities and civil liberties advocates across the nation.
