Internal memo allows ICE to use ‘reasonable amount of force’ to enter homes without judicial warrants
WASHINGTON, DC: A newly revealed internal memo shows that Immigration and Customs Enforcement (ICE) officers are now asserting broad authority to enter people’s homes without a judge’s warrant.
Such entry is permitted when officers possess an administrative warrant and the individual has a final removal order. The change marks a significant departure from longstanding ICE practice and raises concerns over constitutional protections.
ICE memo on warrantless home entry
Federal immigration officers are asserting sweeping authority to forcibly enter homes without a judge-signed warrant in some deportation cases, according to a newly disclosed internal memo.
The memo details that ICE officers and agents can use an administrative warrant known within the agency as a Form I-205 to enter a residence and arrest an individual who has a final order of removal issued by an immigration judge, the Board of Immigration Appeals, or a district or magistrate judge.
Under longstanding legal guidance, immigrant advocates and legal aid groups have urged people not to open their doors to ICE agents unless the agents present a warrant signed by a judge, a standard rooted in Fourth Amendment protections against unreasonable searches and seizures.
The new memo directs officers that, before entering, they should knock on the door, identify themselves, and explain why they are there. Agents are instructed to conduct operations only between 6 am and 10 pm and to give those inside a “reasonable chance to act lawfully.”
If individuals refuse to allow entry after proper notification, the memo authorizes officers to use "reasonable amount of force" to enter the residence. The memo reflects a shift in internal interpretation within the Department of Homeland Security (DHS) that administrative warrants alone can authorize entry into private homes for arrests of certain noncitizens.
This represents a departure from how ICE has historically approached administrative warrants, which typically authorize arrest but not forced entry without consent or a judge’s order. The internal document was obtained by The Associated Press, which reported that it was disclosed by whistle-blowers within the government.
Details of the ICE memo and whistle-blower account
The ICE memo, signed in May 2025 by Acting ICE Director Todd Lyons, emphasizes that officers should follow procedures designed to balance enforcement actions with reasonable notice and opportunity for compliance.
The whistle-blower complaint that brought the policy to light indicates that the directive has been shown to select DHS officials and used in training for newly deployed officers. The memo’s provisions come amid intensified immigration enforcement operations in cities such as Minneapolis, where ICE activity has drawn attention and controversy.
DHS spokeswoman Tricia McLaughlin said those affected by the memo had been given "full due process and a final order of removal from an immigration judge."
She further reasoned, "The officers issuing these administrative warrants also have found probable cause, For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement."
Whistle-blower Aid, the non-profit representing the whistle-blowers, said, "This disclosure is particularly timely and relevant given recent news reports of ICE officers breaking into homes, including those of US citizens, without a judicial warrant and forcibly removing the residents."
