“If true, this would be a blatant violation of the Fourth Amendment’s protection against unlawful searches and seizures. And this won’t just affect immigrants, we have seen US citizens mistakenly detained, harmed, and even killed in encounters with ICE agents recently. Regardless of what this policy memo proposes, the constitution is still the law of the land!”
-Darius Amiri, Rose Law Group partner and chair of the firm’s immigration law department
By Luke Barr | ABC News
A U.S. Immigration and Customs Enforcement (ICE) memo issued in May authorizes agents to enter the homes of those suspected of being in the U.S. illegally with an administrative warrant — not a warrant signed by a judge — in order to make immigration arrests, according to a whistleblower group, which says it has shared the “secretive” memo with Congress.
Traditionally, ICE agents have needed a warrant signed by a judge in order to enter the home of someone suspected of being in the U.S. illegally. However, the guidance allegedly given by ICE in May suggests they can rely on administrative warrants, which are authored by officials within the Department of Homeland Security — and in most cases by ICE agents.
“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 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,” the May 12, 2025, memo signed by Acting ICE Director Todd Lyons stated, according to the anonymous whistleblower complaint, which included a copy of the memo.
