US Immigration and Customs Enforcement (ICE) has reportedly instructed officers to reduce arrests inside courthouses and to stop entering homes without a judicial warrant, marking a retreat from two controversial policies. The changes follow widespread criticism from lawyers, judges, and lawmakers, as well as legal challenges from advocacy groups.
Two Homeland Security officials told NBC News that field offices received verbal orders to no longer enter homes unless they have a warrant. Previously, former acting ICE director Todd Lyons had instructed officers to rely on the agency's own administrative warrants, a move defended by the Department of Homeland Security. Critics argued that practice violated the Fourth Amendment, which protects against unreasonable searches and seizures.
Arrests at immigration courthouses have also sharply declined. Last month, the top federal prosecutor in Manhattan, Jay Clayton, admitted that his office had mistakenly relied on a non-existent policy to justify arresting immigrants as they left hearings. Clayton blamed an error by ICE's legal team, which had informed his office that a Trump-era memo applied to such arrests. Immigrant advocacy groups have since filed a lawsuit seeking to block the practice, citing severe harms including family separation and loss of employment.
A DHS spokesperson denied any policy change, stating that the agency continues to arrest illegal aliens at immigration courts in compliance with the law. However, internal instructions suggest a shift in enforcement tactics amidst legal and public pressure. Separate litigation also challenges ICE’s so-called home invasion policy, which allowed officers to use internally issued administrative warrants instead of judicial ones.
