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https://www.nbcnews.com/news/us-news/ice-policy-officers-enter-homes-immigration-without-judicial-warrant-rcna255305
A May 2025 internal Immigration and Customs Enforcement document shows that the agency told officers and agents they can forcibly enter homes of people subject to deportation without a warrant signed by a judge.
The memo, dated May 12 and which reads that it is from ICE Acting Director Todd Lyons, was shared with U.S. Sen. Richard Blumenthal, D-Conn., by two whistleblowers.
It says that ICE agents are allowed to forcibly enter the home of a person using an administrative warrant if a judge has issued a “final order of removal.” Administrative warrants permit officers and agents to make arrests and are different from judicial warrants, which a judge or magistrate signs allowing entry into a home.
Lyons notes in the document that detaining people “in their residences” based solely on administrative warrants is a change from past procedures.
“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.
The memo says that agents may “arrest and detain aliens” in their place of residence who are subject to a final order of removal issued by an immigration judge, the Board of Immigration Appeals, or a U.S. district or magistrate judge.
The memo says under general guidelines that officers and agents using a method called Form I-205 must “knock and announce” and that “in announcing, officers and agents must state their identity and purpose.”
The Associated Press first reported on the document Wednesday.
A May 2025 internal Immigration and Customs Enforcement document shows that the agency told officers and agents they can forcibly enter homes of people subject to deportation without a warrant signed by a judge.
The memo, dated May 12 and which reads that it is from ICE Acting Director Todd Lyons, was shared with U.S. Sen. Richard Blumenthal, D-Conn., by two whistleblowers.
It says that ICE agents are allowed to forcibly enter the home of a person using an administrative warrant if a judge has issued a “final order of removal.” Administrative warrants permit officers and agents to make arrests and are different from judicial warrants, which a judge or magistrate signs allowing entry into a home.
Lyons notes in the document that detaining people “in their residences” based solely on administrative warrants is a change from past procedures.
“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.
The memo says that agents may “arrest and detain aliens” in their place of residence who are subject to a final order of removal issued by an immigration judge, the Board of Immigration Appeals, or a U.S. district or magistrate judge.
The memo says under general guidelines that officers and agents using a method called Form I-205 must “knock and announce” and that “in announcing, officers and agents must state their identity and purpose.”
The Associated Press first reported on the document Wednesday.
