MINNEAPOLIS (Realist English). Federal immigration officers are asserting broad new powers to forcibly enter private homes without a judge’s warrant, according to an internal memo from U.S. Immigration and Customs Enforcement obtained by The Associated Press, signalling a major departure from long-standing guidance on constitutional limits.
The memo authorises ICE officers to use force to enter residences based solely on an administrative arrest warrant — not one signed by a judge — when seeking to detain individuals with final deportation orders. Legal advocates warn the move clashes with Fourth Amendment protections and overturns years of advice given to immigrant communities.
The policy shift comes as the administration of US President Donald Trump sharply ramps up immigration arrests nationwide, deploying thousands of officers under a mass deportation drive that is already reshaping enforcement tactics in major cities.
For years, immigrant advocates and legal aid groups have urged residents not to open their doors to immigration agents unless presented with a judicial warrant, citing Supreme Court precedent that generally bars law enforcement from entering homes without court approval. The new ICE guidance directly undercuts that advice as arrests accelerate.
According to a whistleblower complaint, the memo has not been broadly circulated within ICE but has been used to train newly hired officers, who are reportedly instructed to follow the directive even where it conflicts with written Department of Homeland Security training materials.
Its practical impact remains unclear, but the AP witnessed ICE officers using force to enter the Minneapolis home of Garrison Gibson, a Liberian national with a 2023 deportation order, on January 11. Documents reviewed by the agency showed officers relied only on an administrative warrant, with no judge authorising the entry.
The memo, dated May 12, 2025, and signed by acting ICE director Todd Lyons, states that DHS lawyers have determined that the Constitution and immigration law do not prohibit relying on administrative warrants alone to arrest individuals with final removal orders inside their homes. It does not explain how that legal conclusion was reached.
A DHS spokesperson said all individuals targeted with administrative warrants have already received “full due process” and that officers have established probable cause for arrest. She declined to say how often officers have entered homes under the new guidance.
Legal experts say the directive is likely to face court challenges. Lindsay Nash, a law professor at Cardozo School of Law, said the memo “flies in the face” of constitutional protections and creates a high risk of overreach and serious errors.
Advocacy groups and several state and local governments are expected to contest the policy, warning it erodes basic civil liberties at a time of intensified immigration enforcement.
