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2.0

ICE authorizes forceful entries to residences based on administrative warrants

  1. Original Date Announced

    January 21, 2026

    ICE Acting Director Todd Lyons issued a memorandum to All ICE Personnel, "Utilizing Form I-205, Warrant of Removal," authorizing all ICE special agents and deportation officers to execute Forms I-210 (administrative warrants) without more to arrest noncitizens subject to final removal orders in their residences. The memo refers to a recent determination by the DHS Office of the General Counsel that nothing in the U.S. Constitution, the INA, or immigration regulations prohibits relying on administrative warrants for this purpose. The memo specifically authorizes ICE personnel to use force to enter a residence after knocking and announcing their presence and providing a reasonable opportunity to open the door.

    ICE basic training provides to the contrary that "a warrant of removal/deportation does NOT alone authorize a 4th amendment search of any kind." (Original emphasis).

    The memorandum was produced as part of a whistleblower complaint to Congress.

    Trump 2.0 [ID# 2175]

    2025.05.12 Utilizing Form I-205 Warrant of Removal - ICE

  2. Effective Date

    May 12, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Agency Directive Change in Practice
Subject Matter: Interior
Agencies Affected: ICE

Associated or Derivative Policies

Pre Trump-Era Policies

Commentary

  • 2026.01.21 Immigration officers assert sweeping power to enter homes without a judge’s warrant, memo says - AP

    The Associated Press (AP) reports on a whistleblower complaint to Congress that reveals the ICE memo described in this entry as well as ICE's 2021 basic training guidance on 4th Amendment prohibitions against searches conducted pursuant to an administrative warrant.

    The memo provides context to recent reports, including one in which '[f]ederal agents this month rammed the door of the Minneapolis home of a Liberian man with a deportation order from 2023, who was then arrested. Documents reviewed by the AP revealed that the agents only had an administrative warrant — meaning there was no judge who authorized the raid on private property."

    Go to article

  • 2026.1.22 Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant? - The Volokh Conspiracy

    Professor Orin Kerr, an expert on Fourth Amendment law, writes that "the DHS policy [authorizing entry based on an administrative warrant] is likely wrong," noting that Supreme Court precedent has "settled the idea that a warrant requires a neutral and detached magistrate" and that "a judicial warrant is needed for entry." He notes that "the DHS position is not frivolous in light of" a 2021 district court decision endorsing entry on the basis of an administrative warrant that was affirmed by the Fifth Circuit Court of Appeals on other grounds. Professor Kerr notes that "the trickier issue may be actually getting a merits ruling in light of the absence of remedies due to the Supreme Court's gradual cutting back on Bivens remedies." He adds a caveat that his piece does not consider any remedies available under the Administrative Procedure Act.

    Go to article

Documents

Trump-Era Policy Documents

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© 2026 Immigration Policy Tracking Project