Leaked DHS Memo Encourages ICE Agents to Forcibly Enter Homes Without Warrant From Judge

The memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities….

Documents reviewed by The AP revealed that the agents only had an administrative warrant — meaning there was no judge who authorized the raid on private property…

Most immigration arrests are carried out under administrative warrants, internal documents issued by immigration authorities that authorize the arrest of a specific individual but do not permit officers to forcibly enter private homes or other non-public spaces without consent. Only warrants signed by judges carry that authority…

The change is almost certain to meet legal challenges and stiff criticism from advocacy groups and immigrant-friendly state and local governments that have spent years successfully urging people not to open their doors unless ICE shows them a warrant signed by a judge.

The Associated Press obtained the memo and whistleblower complaint from an official in Congress, who shared it on condition of anonymity to discuss sensitive documents. The AP verified the authenticity of the accounts in the complaint.

The memo, signed by the acting director of ICE, Todd Lyons, and dated May 12, 2025, says: “Although the U.S. Department of Homeland Security (DHS) 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 the 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.”