Federal immigration authorities are claiming far broader powers to enter private homes without a judge’s warrant, according to an internal Immigration and Customs Enforcement memo obtained by The Associated Press, signalling a sharp departure from long-standing guidance designed to respect constitutional limits on government searches.
The memo authorises ICE officers to forcibly enter a residence using only an administrative arrest warrant if the individual inside has a final order of removal. Civil rights advocates and legal experts say this approach directly clashes with Fourth Amendment protections and overturns years of established advice given to immigrant communities about their rights during enforcement actions.
This policy shift comes as the Trump administration rapidly scales up immigration arrests across the country, deploying thousands of officers as part of a mass deportation drive that is already reshaping enforcement practices in cities such as Minneapolis and elsewhere.
For decades, immigrant advocates, legal aid organisations and local governments have consistently advised residents not to open their doors to immigration officers unless they are presented with a warrant signed by a judge. That guidance is rooted in Supreme Court precedents that generally prohibit law enforcement from entering a private home without judicial authorisation. The new ICE directive undercuts that advice at a moment when enforcement activity is accelerating under the administration’s hardline immigration agenda.
According to a whistleblower complaint, the memo has not been widely circulated within ICE, but its contents are being used to train newly hired officers who are being sent into communities to carry out the deportation campaign. The complaint alleges that trainees are being instructed to follow the memo’s guidance even though it contradicts written Homeland Security training materials that emphasise constitutional limits on home entries.
It remains unclear how broadly the directive has been applied in day-to-day operations. However, The Associated Press witnessed ICE officers forcibly breaking down the front door of a Liberian man’s home in Minneapolis on January 11, wearing heavy tactical gear and carrying rifles, while relying only on an administrative warrant rather than one signed by a judge.
The policy change is widely expected to face legal challenges and strong backlash from advocacy groups, as well as from state and local governments that have spent years educating residents about their right to refuse entry to immigration agents lacking judicial warrants.
The Associated Press obtained the memo and the whistleblower complaint from a congressional official who spoke on condition of anonymity due to the sensitive nature of the documents. The AP verified the authenticity of the memo and the claims outlined in the complaint.
Signed by acting ICE director Todd Lyons and dated May 12, 2025, the memo states that although the Department of Homeland Security has not traditionally relied solely on administrative warrants to arrest individuals with final removal orders inside their homes, the DHS Office of the General Counsel has now determined that the Constitution, immigration law and regulations do not prohibit such reliance. The memo does not explain how this legal conclusion was reached or what consequences it might have.
Responding to questions about the directive, a Homeland Security spokesperson said that individuals served with administrative warrants have already received full due process and final removal orders. She added that officers issuing the warrants have established probable cause for arrest and said Congress and the Supreme Court have recognised the use of administrative warrants in immigration enforcement, without addressing concerns about home entries or providing further detail.
Recent high-profile arrests carried out at private residences and workplaces, many captured on video, have drawn renewed attention to ICE’s tactics and the types of warrants officers are using. Typically, immigration arrests rely on administrative warrants, which authorise the arrest of a specific individual but do not allow forced entry into private homes without consent. Only judicial warrants provide that authority.
All law enforcement agencies, including ICE and Customs and Border Protection, are bound by the Fourth Amendment, which protects everyone in the United States from unreasonable searches and seizures. In most circumstances, people are legally entitled to deny immigration agents entry into private property if the agents lack a warrant signed by a judge.
In the Minneapolis case reviewed by The AP, documents showed that officers who forcibly entered a home to arrest a Liberian man with a 2023 deportation order were relying only on an administrative warrant, meaning no judge had authorised entry into the residence.
The memo states that ICE officers may enter homes using an administrative warrant known as an I-205 when a final order of removal has been issued by an immigration judge, the Board of Immigration Appeals or a federal judge or magistrate. It instructs officers to identify themselves, explain their purpose and limit home entries to between 6 a.m. and 10 p.m., while giving occupants a reasonable opportunity to comply voluntarily. If entry is refused, the memo says officers may use necessary and reasonable force to gain access.
Although addressed to all ICE personnel, the memo was reportedly shared only with select DHS officials, who then allowed limited access to some employees under strict supervision. According to the whistleblower account, one official was permitted to read the memo only in the presence of a supervisor and was not allowed to take notes. Whistleblower Aid said another official was able to access the document and legally disclose it to Congress.
Despite being issued months ago, the memo only recently came to light because, according to Whistleblower Aid, it took time for those involved to find a safe and lawful way to bring the information to lawmakers and the public.
ICE is currently hiring thousands of new deportation officers to implement the administration’s mass deportation strategy, with training conducted at the Federal Law Enforcement Training Center in Georgia. ICE officials had previously told The Associated Press that new recruits were being trained to strictly adhere to the Fourth Amendment.
However, the whistleblowers allege that recruits are now being told they can rely solely on administrative warrants to enter homes, even though this contradicts existing training materials. Traditionally, ICE officers often wait for hours to arrest individuals in public spaces, such as outside their homes or workplaces, to avoid constitutional violations.
Whistleblower Aid described the new directive as a fundamental break from established law, warning that it undermines the Fourth Amendment and erodes the constitutional protections it guarantees.
