ICE Agents Granted Authority to Force Entry Without Judicial Warrants in Major Policy Shift
Federal immigration officers have been granted extensive new powers to forcibly enter private residences without obtaining a judge's warrant, according to a confidential internal memorandum from Immigration and Customs Enforcement (ICE) obtained by The Associated Press. This represents a significant departure from decades of established guidance designed to uphold constitutional protections against unreasonable government searches.
Direct Conflict with Fourth Amendment Protections
The directive, signed by acting ICE director Todd Lyons and dated May 12, 2025, permits agents to use force to gain entry to homes based solely on administrative warrants when seeking to arrest individuals with final orders of removal. This policy directly contradicts years of advice given to immigrant communities by legal advocates and local governments, who have consistently advised people not to open their doors to immigration agents unless presented with a judicial warrant.
Legal experts and advocacy groups argue this move fundamentally conflicts with Fourth Amendment protections, which safeguard all individuals within the United States from unreasonable searches and seizures. Supreme Court rulings have generally prohibited law enforcement from entering private homes without judicial approval, creating a constitutional framework that this new ICE directive appears to challenge.
Implementation Amidst Expanded Immigration Enforcement
The policy shift coincides with the Trump administration's dramatic expansion of immigration arrests nationwide, deploying thousands of additional officers as part of an intensified deportation campaign. This enforcement surge is already reshaping tactics in cities like Minneapolis, where recent operations have demonstrated the practical application of these new guidelines.
According to whistleblower disclosures obtained by The Associated Press, the memo has not been widely distributed within ICE but has been used to train new officers being deployed to implement the administration's immigration crackdown. New hires and those in training are reportedly being instructed to follow the memo's guidance despite written training materials that contradict its provisions.
Specific Provisions and Limitations
The memo outlines specific procedures agents must follow when attempting to enter residences. Officers must first knock on the door, identify themselves, and explain their purpose. Operations are limited to hours between 6 a.m. and 10 p.m., and individuals inside must be given a "reasonable chance to act lawfully." However, if residents refuse entry, the directive authorizes agents to "use only a necessary and reasonable amount of force" to gain access.
This policy applies specifically to individuals with final removal orders issued by immigration judges, the Board of Immigration Appeals, or federal district judges. The memo cites a determination by the Department of Homeland Security's Office of the General Counsel that neither the Constitution, the Immigration and Nationality Act, nor immigration regulations prohibit reliance on administrative warrants for this purpose.
Legal Challenges and Operational Concerns
The change is almost certain to face significant legal challenges and criticism from advocacy groups, immigrant-friendly state governments, and local authorities. For years, these entities have successfully urged communities not to open doors to ICE agents without judicial warrants, creating a protective framework that this new directive undermines.
Homeland Security spokeswoman Tricia McLaughlin defended the policy in a statement to The Associated Press, asserting that individuals served with administrative warrants have already received "full due process and a final order of removal." She further stated that officers issuing these warrants have found probable cause for arrest and that both the Supreme Court and Congress have "recognized the propriety of administrative warrants in cases of immigration enforcement."
Recent Enforcement Actions Demonstrate New Tactics
Recent high-profile arrests have brought immigration enforcement tactics under increased scrutiny. The Associated Press witnessed ICE officers forcing entry into a Liberian man's Minneapolis home on January 11 using only an administrative warrant, with agents wearing tactical gear and carrying drawn rifles. Documents reviewed confirmed the absence of judicial authorization for this property entry.
Traditionally, most immigration arrests occur under administrative warrants that authorize arresting specific individuals but don't permit forced entry into private spaces without consent. Only judicial warrants carry that authority, creating a distinction that this new policy appears to erase in practice.
Whistleblower Revelations and Training Discrepancies
According to Whistleblower Aid, a nonprofit legal organization representing two anonymous government officials, the memo represents a "secretive - and seemingly unconstitutional - policy directive." Their disclosure reveals that the document has been shown only to select Department of Homeland Security officials, who then shared it with limited employees under restrictive conditions.
One whistleblower was permitted to view the memo only in a supervisor's presence without taking notes before returning it. Despite being issued in May 2025, it took months for concerned officials to find a "safe and legal path to disclose it to lawmakers and the American people," according to David Kligerman of Whistleblower Aid.
The organization has characterized the new policy as a "complete break from the law" that undermines "the Fourth Amendment and the rights it protects," setting the stage for significant constitutional battles as immigration enforcement intensifies across the United States.
