ICE Memo Authorizes Forced Home Entry With Administrative Warrants, Sparks Legal and Political Pushback
Updated (7 articles)
Memo authorizes home arrests with admin warrants The directive dated May 12 2025 is signed by acting ICE Director Todd Lyons and permits officers to arrest individuals with final removal orders inside their residences using a signed administrative warrant (I‑205) after a knock‑and‑announce [1][2]. It explicitly allows the use of force to gain entry if occupants refuse admittance and sets restricted entry hours, only permitting after‑hours action when necessary [1][2]. The policy replaces earlier guidance that required a judge‑signed warrant for home entries, marking a substantive shift in enforcement tactics [1][2].
Policy marks departure from prior judicial‑warrant guidance ICE officials assert that administrative warrants “do not prohibit arrests in homes” for those with final orders, a claim that departs from longstanding Fourth Amendment protections emphasized in previous agency manuals [1][2]. Advocates and legal scholars warn the change could invite constitutional challenges because it sidesteps the requirement for judicial oversight [2]. The memo’s language provides no detailed legal justification, relying instead on a DHS determination that administrative warrants suffice for home arrests [1][2].
Limited circulation fuels internal dissent and training changes Whistleblower disclosures indicate the memo was shared only with a narrow circle of DHS officials and has not been broadly distributed within ICE [1][2]. Two former officials reported that new officers are being instructed to follow the memo’s guidance rather than the agency’s established training materials, creating internal conflict over legality and scope [2]. The secretive rollout has prompted complaints to Congress and heightened scrutiny of ICE’s internal compliance processes [1][2].
Congressional and state leaders demand accountability amid enforcement surge Senator Richard Blumenthal and other members of Congress have called for testimony from Homeland Security Secretary Kristi Noem and Acting Director Lyons, labeling the policy “shocking and dangerous” [1]. Minnesota Governor Tim Walz condemned the memo as an assault on freedom and privacy, reflecting broader political backlash in a key outbound state [1]. The memo emerges alongside a nationwide crackdown that has deployed thousands of officers for mass deportations, intensifying concerns about civil‑rights impacts [1][2].
Court leaves visitor‑notice rule intact, extending oversight tensions On January 19, U.S. District Judge Jia Cobb refused to block a newly issued seven‑day notice requirement for congressional visits to ICE detention facilities, a policy signed by Secretary Noem on January 8 [3]. The decision leaves the notice rule in place while a broader lawsuit by twelve Democratic lawmakers proceeds, highlighting ongoing disputes over congressional oversight of ICE operations [3].
Sources (3 articles)
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[1]
CNN: ICE memo allows forcible home entry with administrative warrants, drawing swift criticism: Details the May 12 2025 memo signed by Todd Lyons, its force‑entry provisions, limited internal distribution, and the political backlash from Congress and Minnesota officials .
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[2]
AP: ICE memo allows entering homes with administrative warrants, drawing criticism: Mirrors CNN’s coverage of the memo’s content, Fourth Amendment concerns, whistleblower claims of restricted circulation, and a Minneapolis raid that illustrated the policy in action .
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[3]
AP: Judge declines to block DHS policy on lawmaker access to ICE facilities: Reports Judge Jia Cobb’s refusal to halt the January 8 visitor‑notice rule signed by Kristi Noem, the resulting denial of access to Minnesota lawmakers, and the ongoing lawsuit by Democratic members .
All related articles (7 articles)
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CNN: ICE memo allows forcible home entry with administrative warrants, drawing swift criticism
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AP: ICE memo allows entering homes with administrative warrants, drawing criticism
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AP: Judge declines to block DHS policy on lawmaker access to ICE facilities
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AP: Democrats seek emergency hearing over seven-day notice policy blocking ICE visits after Minneapolis shooting
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King5 (Seattle, WA): Washington lawmaker proposes SAFE Act to limit ICE access to schools, hospitals and daycares
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Newsweek: Judge Blocks ICE’s Advance‑Notice Requirement for Congressional Visits
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AP: Judge Blocks Trump‑Era ICE Visitor Restrictions for Congress
External resources (3 links)
- https://storage.courtlistener.com/recap/gov.uscourts.dcd.283200/gov.uscourts.dcd.283200.36.0_7.pdf (cited 2 times)
- https://storage.courtlistener.com/recap/gov.uscourts.dcd.283200/gov.uscourts.dcd.283200.46.0.pdf (cited 1 times)