A newly disclosed internal memo has authorized U.S. Immigration and Customs Enforcement (ICE) officers to enter private homes to arrest individuals with final orders of removal without a judge-signed warrant, triggering swift concern among legal experts and civil-rights advocates.
The guidance instructs officers that an administrative warrant approved internally by the agency is sufficient to enter a residence and carry out an arrest. Officers are directed to knock and announce their presence and may use what the memo describes as “necessary and reasonable” force if entry is refused.
For decades, constitutional practice has generally required judicial warrants for law enforcement to enter homes, reflecting Fourth Amendment protections against unreasonable searches and seizures. Legal scholars note that administrative warrants, unlike those issued by a judge, do not involve independent judicial review.
Civil-rights groups warn the policy weakens longstanding safeguards and could significantly expand federal enforcement authority inside private residences. Critics argue the change increases the risk of wrongful entry, escalates tensions during enforcement operations, and may invite legal challenges over constitutional limits.
Federal officials have defended the memo as a lawful tool for carrying out immigration enforcement, but questions remain about oversight, safeguards, and how broadly the policy will be applied. As scrutiny intensifies, the memo is already fueling debate over the balance between immigration enforcement and civil liberties.
