An internal memorandum from U.S. Immigration and Customs Enforcement (ICE), dated May 12, indicates a significant policy shift allowing agents to forcibly enter residences based solely on administrative warrants, provided the individual is subject to a final order of removal. The document, reportedly shared with Senator Richard Blumenthal (D-Conn.) by whistleblowers, signals a potential expansion of enforcement powers that previously required judicial authorization for residential entry.
The memo, attributed to then-Acting Director Todd Lyons, explicitly states that while the Department of Homeland Security (DHS) has not historically relied on administrative warrants alone for arrests in residences, the DHS Office of General Counsel has recently concluded that current constitutional and statutory frameworks do not prohibit this action. Administrative warrants, unlike judicial warrants, are issued internally by agency officials and permit arrests, but their use for forcible entry into a private dwelling has been a point of legal contention.
Under the guidelines outlined in the document, agents utilizing Form I-205 (a removal/deportation warrant) must adhere to a "knock and announce" protocol, identifying themselves and stating their purpose, while generally avoiding entry before 6 a.m. or after 10 p.m. The directive suggests that a "necessary and reasonable amount of force" may be employed if compliance is not forthcoming.
DHS spokesperson Tricia McLaughlin defended the policy, arguing that individuals targeted already possess final removal orders following due process before an immigration judge. She asserted that both the Supreme Court and Congress have historically recognized the legitimacy of administrative warrants in immigration enforcement contexts.
However, legal and oversight bodies have expressed immediate concern. Whistleblower Aid, representing the sources who provided the document, contends the policy contravenes established federal law enforcement training rooted in Fourth Amendment protections. The group explicitly states that the Form I-205 does not authorize home entry, warning that training new recruits—many without prior law enforcement experience—to disregard constitutional safeguards is gravely concerning.
Senator Blumenthal highlighted the apparent secrecy surrounding the directive, noting that despite being labeled "all-hands," it was allegedly distributed selectively, with some personnel only receiving verbal briefings or being prohibited from retaining copies. This procedural opacity raises questions about the uniform implementation and oversight of the new guidance.
This policy development occurs against a backdrop of heightened immigration enforcement activity. Data from the University of California, Berkeley’s Deportation Data Project indicates that ICE has arrested approximately 220,000 individuals since January 20, with roughly 75,000 having no criminal record. The ability of ICE to execute removals via forcible entry without a judicial signature represents a significant procedural shift that could impact privacy rights and escalate confrontations during enforcement operations.
Source: Based on reporting from NBC News regarding an internal ICE document.