ICE Memo Expands Authority to Enter Homes Without Judicial Warrants

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A newly revealed internal directive has significantly expanded the authority of U.S. Immigration and Customs Enforcement officers, allowing them to enter private residences without a judge-approved warrant in certain deportation cases, according to documents disclosed by government whistleblowers.

The memo, dated May 2025 and signed by Acting ICE Director Todd Lyons, authorizes officers to rely on administrative immigration warrants to enter homes when pursuing individuals who have already received final deportation orders from immigration courts. Administrative warrants are issued by immigration officials rather than judges, marking a sharp departure from long-standing enforcement practices.

Shift From Previous Enforcement Rules

For years, ICE guidance instructed officers that administrative warrants alone were insufficient to enter homes, citing constitutional protections under the Fourth Amendment. Judicial warrants signed by a judge were generally required to lawfully cross the threshold of a private residence without consent.

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The newly disclosed directive states that recent legal analysis by the Department of Homeland Security’s Office of the General Counsel concluded that existing law does not prohibit the use of administrative warrants for residential arrests involving individuals with final removal orders.

Under the memo, ICE officers are permitted to use what it describes as “necessary and reasonable force” to enter a residence if occupants do not grant access. Officers are instructed to knock, identify themselves, and conduct such operations between 6 a.m. and 10 p.m.