Leaked ICE Memo Sparks Outcry Over Warrantless Home Entries

By Staff, Agencies

A memo allegedly signed by the acting director of Immigration and Customs Enforcement (ICE) in May has triggered controversy after whistleblowers revealed it allows agents to enter private homes without a judicial warrant.

The document, disclosed to US senators by a nonprofit legal group citing two anonymous government employees, reportedly instructs ICE agents that a Form I-205, an administrative arrest warrant signed by an immigration enforcement official, is sufficient to forcibly enter a residence when pursuing an individual with a final removal order. Traditionally, such entries require a judicial warrant signed by a judge.

While the memo’s authenticity has not been officially confirmed, several individuals with direct knowledge have acknowledged its existence, though its scope and distribution remain unclear.

The guidance also advises agents to use only a “necessary and reasonable” amount of force if entry is denied.

A Department of Homeland Security spokesperson did not deny the memo’s existence, stating that individuals targeted under Form I-205 warrants have already received due process and final removal orders from immigration judges, and arguing that administrative warrants have long been recognized in immigration enforcement.

Legal experts, however, have raised serious constitutional concerns. Critics warn the policy could violate the Fourth Amendment’s protections against unreasonable searches and seizures, calling it a significant departure from long-standing limits observed by previous administrations.