WASHINGTON — Federal immigration officers are asserting broad authority to forcibly enter people’s homes without a judge’s warrant, according to an internal memo from U.S. Immigration and Customs Enforcement obtained by The Associated Press, a move critics say contradicts constitutional protections and long-standing guidance.
The memo authorizes ICE officers to enter residences using only an administrative warrant to arrest individuals with final orders of removal, a significant shift from prior practice that generally required a warrant signed by a judge to enter private homes. Advocates argue the directive conflicts with Fourth Amendment protections against unreasonable searches.
The change comes as the administration of Donald Trump expands immigration enforcement nationwide, deploying thousands of officers as part of a mass deportation campaign. The memo has reportedly been used to train new ICE officers, even though it contradicts written Department of Homeland Security training materials, according to a whistleblower complaint.
The Associated Press witnessed officers using a battering ram to enter a Minneapolis home on Jan. 11 armed only with an administrative warrant. ICE has traditionally relied on such warrants to make arrests in public spaces, not to force entry into private residences without consent or judicial approval.
Signed by acting ICE director Todd Lyons and dated May 12, 2025, the memo states that federal law does not prohibit reliance on administrative warrants alone to arrest individuals at their homes. It does not explain how that legal conclusion was reached or address potential constitutional challenges.
Homeland Security spokeswoman Tricia McLaughlin said those served with administrative warrants have already received due process and final removal orders, adding that officers determine probable cause. She did not say how often the policy has been used.
Legal advocates say the directive undermines years of advice to immigrant communities not to open doors to agents lacking a judge-signed warrant. The memo allows officers to enter homes between 6 a.m. and 10 p.m. after identifying themselves and giving occupants a “reasonable chance” to comply, permitting the use of force if entry is refused.
Whistleblower Aid, representing two anonymous government officials, described the policy as a sharp break from constitutional norms and warned it is likely to face legal challenges from advocacy groups and state and local governments.
All federal law enforcement actions, including immigration operations, are governed by the Fourth Amendment, which generally requires judicial authorization to enter private homes. Critics say the memo risks eroding those protections at a time of intensified immigration enforcement.