ICE memo allows officers to enter homes without a warrant: Whistleblower complaint

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 one signed by a judge — to make immigration arrests, according to a whistleblower group, which says it shared the “secret” memo with Congress.

Traditionally, ICE agents needed a warrant signed by a judge to enter the home of someone suspected of being in the U.S. illegally. However, the guidance ICE reportedly issued in May suggests they can rely on administrative arrest warrants, which are issued by officials within the Department of Homeland Security — and in most cases, by ICE agents.

“Although the U.S. Department of Homeland Security has historically not relied solely on administrative warrants to arrest aliens subject to final orders of removal at their place of residence, the DHS Office of General Counsel recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the Immigration Rules do not prohibit the use of administrative warrants for this purpose,” said the May 12, 2025 memo signed by Acting ICE Director Todd Lyons: according to the anonymous whistleblower complaint, which included a copy of the memo.

The Whistleblower Assistance group says it represents two unnamed US government officials. The whistleblower group argues that the ICE memo violates the Fourth Amendment and DHS’s own policy manual.

Typically, ICE arrests are limited to public places because the administrative arrest warrants, known as Form I-205, have not been deemed an arrest warrant issued by a “neutral and detached magistrate,” the whistleblower group said in its complaint to Congress.

“Only a warrant issued by a ‘neutral and detached magistrate’ would authorize ICE agents to enter or search non-public areas, such as an alien’s home,” the group said.

“Based on information and belief, and in accordance with the May 12 Memo, instructors for new ICE recruits are instructed to teach that Form I-205 allows ICE agents to arrest aliens in their homes – without permission to enter the home and without a court order,” the whistleblower complaint states.

In a statement, DHS Assistant Secretary for Public Affairs Tricia McLaughlin said: “Every illegal alien on whom DHS serves administrative arrest warrants/I-205s has had a full due process and a final order of removal from an immigration judge. The officers who issue these administrative arrest warrants have also found probable cause. For decades, the Supreme Court and Congress have recognized the appropriateness of administrative arrest warrants in immigration enforcement cases.”

At least one Democratic senator is already calling for an investigation.

“Every American should be terrified by this secret ICE policy that authorizes its agents to kick down your door and storm into your home,” Sen. Richard Blumental, D-Conn., said in a statement. “It’s a legally and morally repugnant policy that exemplifies the kind of dangerous, shameful abuse America is witnessing in real time. In our democracy, with extremely rare exceptions, the government is not allowed to break into your home without a judge’s green light.”

According to the whistleblower complaint, the May ICE memo offers these guidelines to agents on using administrative warrants to enter homes: “Before entering a residence to make an administrative immigration arrest under Form I-205, officers and agents must ensure that the Form I-205 is properly completed and is supported by a final removal order issued by an immigration judge, the BIA, a U.S. District Court, or a magistrate judge. This is essential because it establishes probable cause. Officers and agents must also have reason to believe that the alien in question resides and is currently at the address where Form I-205 must be served.”

The memo states that officers must “knock and announce” and announce their purpose, and if they are denied entry, they are authorized to use “only a necessary and reasonable amount of force to enter the alien’s home.”

According to the disclosure, the memo was being closely monitored at DHS.

“The May 12 memo was provided to select DHS officials, who are then instructed to verbally brief the new policy for action,” the complaint states. “These supervisors then show the Memo to a number of employees, such as our customers, and instruct them to read the Memo and return it to the manager.”

The officers receive this training verbally, but not in writing, according to the complaint.

Rosanna Berardi, an immigration attorney, said the ICE memo “represents a fundamental challenge to the Fourth Amendment and a new chapter of the Trump administration ignoring long-standing legal primacy and behaving like the legislature.”

She said the way the policy is being implemented is also concerning.

“Reports indicate it is being rolled out through verbal instructions that contradict written training materials, creating a dangerous liability vacuum,” Berardi told ABC News in an email.