Whistleblowers reveal memo giving ICE authority to forcibly enter homes without a warrant

A new memo proves why U.S. Immigration and Customs Enforcement (ICE) agents feel they can enter people’s homes during their immigration raids.

A May 12 memo from acting ICE Director Todd Lyons shows that agents and officers use force entering people’s houses subject to deportation without signed arrest warrants, NBC News reports. The notice was shared by two whistleblowers with Democratic Senator Richard Blumenthal of Connecticut, giving ICE agents the green light to forcibly enter a suspect’s home using an administrative warrant, allowing officers or agents to make arrests as a judge had issued a “final order of removal.”

The documents differ from court orders, which judges or magistrates must sign to allow access to homes. “Although the U.S. Department of Homeland Security (DHS) has historically not relied solely on administrative arrest warrants to arrest aliens subject to a final order 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 arrest warrants for this purpose,” the memo reads, noting that arresting people “in their residences” is a change from previous procedures.

ICE agents are instructed to use a method called Form I-205, which requires them to “knock and announce,” and that “officers and agents must state their identity and purpose in the announcement,” and agents must give people sufficient time to comply. Additionally, suggestions are made to limit the time, saying officers should not enter a home before 6 a.m. or after 10 p.m., and should “use only a necessary and reasonable amount of force” to enter a home.

The group Whistleblower Aid, which represents the whistleblowers who shared the memo with the senator, claims that “this ‘policy’ violates long-standing federal law enforcement training materials and policies, all rooted in constitutional reviews.”

Department of Homeland Security spokesperson Tricia McLaughlin claims that illegal immigrants who receive I-205s “have had a full due process and a final order of removal from an immigration judge,” but Blumenthal says otherwise. The senator claims the memo was not “widely distributed,” despite the “all hands” label. “Instead, the disclosure alleges that the memo was rolled out in a secret manner, with some officers being notified verbally, while others were allowed to view it but not keep a copy,” the Democratic leader wrote in a statement.

“It was reportedly clear that anyone who openly spoke out against this new directive would be fired.”

With the war on immigration drawing massive backlash and criticism, the memo adds to a laundry list of controversial policies that are only now coming to light.

According to The GuardianAs tensions continue to rise in Minnesota following the death of Renee Good, Appellate Court Judge Katherine Menendez has allowed officers and officials to use pepper spray against peaceful protesters in addition to arresting them — but temporarily. The victory for the Trump administration comes as Vice President JD Vance is expected to appear in Minneapolis to “hold a roundtable discussion with local leaders and community members and deliver remarks aimed at restoring law and order in Minneapolis.”

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