New Policy Overview
Immigration and Customs Enforcement (ICE) has adopted a contentious policy that allows its officers to forcibly enter the homes of undocumented immigrants without obtaining judicial warrants. Instead, the agency relies on administrative warrants that it generates internally. This policy was disclosed by a whistleblower to Senator Richard Blumenthal, who noted that it partially references an executive order from President Trump as justification.
The directive enables ICE officers to utilize Form I-205, which is a warrant for removal, to apprehend individuals at their residences. This marks a significant shift from established practices and raises concerns among legal experts regarding the constitutionality of using administrative warrants for home entries without judicial oversight. The whistleblower’s complaint indicates that Department of Homeland Security (DHS) lawyers have determined that there are no constitutional or federal prohibitions against this practice.
Senator Blumenthal has vocally criticized the policy, labeling it “shocking” and asserting that “every American should be terrified” by this secretive approach allowing agents to invade homes. He described the policy as “legally and morally abhorrent” and questioned why such a controversial measure would remain undisclosed.
DHS Assistant Secretary Tricia McLaughlin defended the new practice, claiming that individuals served with administrative warrants have undergone full due process and received final removal orders from immigration judges. She pointed out that officers issuing these warrants have established probable cause and highlighted that both Congress and the Supreme Court have historically acknowledged the validity of administrative warrants in immigration enforcement.
The memo outlining this policy was sent on May 12 to all ICE personnel but was only shared with select officials who then briefed others verbally. Whistleblower Aid reported that new recruits are being trained under this controversial policy, despite conflicting information in DHS’s official training materials.
The policy includes specific operational protocols: officers must announce their identity and purpose before entering, cannot conduct searches beyond immediate safety checks, and are barred from entering homes between 10 p.m. and 6 a.m. If entry is denied, officers may use “reasonable force” to gain access. This directive applies solely to targeted residences rather than third-party homes and does not extend into California’s Central District federal court due to a ruling made in 2024.
The memo was issued by acting ICE Director Todd Lyons, with reports suggesting that this policy is already being enacted in Texas.
