Internal memo allows ICE to use ‘reasonable amount of force’ to enter homes without judicial warrants

A new memo showed ICE officers claimed authority to enter homes without a judge’s warrant, raising constitutional concerns
A memo said Immigration and Customs Enforcement officers claimed authority to enter homes using administrative warrants in deportation cases, alarming legal advocates Getty Images)
A memo said Immigration and Customs Enforcement officers claimed authority to enter homes using administrative warrants in deportation cases, alarming legal advocates Getty Images)

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.

US Border Patrol Cmdr. Gregory Bovino joins federal agents at the scene of a shooting in Minneapolis on Wednesday, Jan. 7, 2026. (Ellen Schmidt/MinnPost via AP)
US Border Patrol Cmdr. Gregory Bovino joins federal agents at the scene of a shooting in Minneapolis on Wednesday, Jan. 7, 2026 (Ellen Schmidt/MinnPost via AP)

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. 

Federal immigration officers outside Bishop Henry Whipple Federal Building, Thursday, Jan. 15, 2026, in Minneapolis. (AP Photo/John Locher)
Federal immigration officers outside Bishop Henry Whipple Federal Building, Thursday, Jan 15, 2026, in Minneapolis (AP Photo/John Locher)

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.

ORLANDO, FLORIDA - FEBRUARY 27: South Dakota Gov. Kristi Noem addresses the Conservative Political A
Kristi Noem addresses the Conservative Political Action Conference held in the Hyatt Regency on February 27, 2021 in Orlando, Florida (Joe Raedle/Getty Images)

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."

An onlooker holds a sign that reads
An onlooker holds a sign that reads 'Shame' as members of law enforcement work the scene following a suspected shooting by an ICE agent during federal law enforcement operations on January 07, 2026 in Minneapolis, Minnesota (Stephen Maturen/Getty Images)

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."

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