ICE Memo Reveals Troubling Policy on Warrantless Home Entries
By James Larsen, Managing Attorney.
A May 2025 internal memo from Immigration and Customs Enforcement (ICE) has sparked concern among civil liberties advocates and immigration observers. According to the memo, signed by Acting Director Todd Lyons and recently shared with Senator Richard Blumenthal by whistleblowers, ICE officers are now being instructed that they may forcibly enter the homes of individuals subject to deportation without a judicial warrant—as long as the person has a final order of removal.
Previously, ICE relied on judicial warrants for home entries. These warrants, signed by a judge, are meant to provide oversight and ensure that Fourth Amendment protections are respected. The new policy, however, allows officers to use administrative warrants, which are issued internally by ICE, to arrest individuals in their homes.
The memo states that this change marks a departure from past practices. “Although the U.S. Department of Homeland Security (DHS) 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 memo reads.
Civil liberties experts warn that the policy could have serious implications, as it potentially allows ICE to enter private homes without judicial oversight. While ICE officials argue that the policy is legally permissible, critics say it raises important questions about constitutional protections, privacy, and due process for individuals facing deportation.
This internal guidance illustrates the agency’s evolving enforcement approach and highlights the ongoing debate over the balance between immigration enforcement and constitutional rights.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.