ICE memo allows agents to enter homes without judicial warrant: Whistleblower complaint
The memo came to light through a whistleblower complaint.
ByLuke Barr
January 22, 2026, 12:41 AM
A U.S. Immigration and Customs Enforcement (ICE) memo issued in May authorizes agents to enter the homes of those suspected of being in the U.S. illegally with an administrative warrant -- not a warrant signed by a judge -- in order to make immigration arrests, according to a whistleblower group, which says it has shared the "secretive" memo with Congress.
Traditionally, ICE agents have needed a warrant signed by a judge in order to enter the home of someone suspected of being in the U.S. illegally. However, the guidance allegedly given by ICE in May suggests they can rely on administrative warrants, which are authored by officials within the Department of Homeland Security -- and in most cases by ICE agents.
"Although the U.S. Department of Homeland Security 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 May 12, 2025, memo signed by Acting ICE Director Todd Lyons stated, according to the anonymous whistleblower complaint, which included a copy of the memo.
The group Whistleblower Aid says it represents two anonymous U.S. government officials. The whistleblower group argues the ICE memo violates the Fourth Amendment and DHS' own policy manual.
more
https://abcnews.go.com/US/ice-memo-allows-agents-enter-homes-judicial-warrant/story?id=129436766
