An internal ICE memo obtained by The Associated Press tells federal immigration officers that they can forcibly enter a person’s home without a judge’s warrant, relying instead on an administrative warrant to arrest someone with a final order of removal.
This policy is at odds with the protections of the Fourth Amendment, which require a warrant, meaning from the judicial branch, not just a decision by the executive to invade someone’s home.
Administrative warrants—issued internally by immigration authorities—have been used to make arrests in public or with consent, not to break into private residences, AP notes.
The memo, dated May 12, 2025, and signed by acting ICE Director Todd Lyons, says DHS lawyers recently determined that the Constitution and immigration law do not prohibit using administrative warrants to enter a residence. It instructs officers to knock, identify themselves, and give occupants a “reasonable chance” to comply, but allows “necessary and reasonable” force if entry is refused.
The shift comes as the Trump administration expands immigration arrests nationwide. A whistleblower complaint says the memo has been used to train new officers, even though official training materials and established policy contradict it. The AP witnessed a January raid in Minneapolis in which ICE officers broke into a home with only an administrative warrant.
