Federal immigration officers are asserting sweeping authority to forcibly enter people’s homes without a judge’s warrant, according to an internal Immigration and Customs Enforcement (ICE) memo obtained by The Associated Press, representing a significant reversal of the guidance historically in place to uphold constitutional limits on government searches.
According to the memo, ICE agents can utilize force to enter a residence based solely on an administrative warrant issued to arrest individuals with a final order of removal. This drastic change has raised alarm among advocacy groups, who argue it conflicts with Fourth Amendment protections.
The announcement arrives as the Trump administration accelerates its immigration enforcement actions across the nation, sending numerous officers to mobilize in communities, such as Minneapolis, where recent arrests have already sparked protests.
For years, advocates and legal aid organizations have advised immigrants not to open their doors without a judge-signed warrant, rooted in Supreme Court rulings restricting police entry to private homes. The new ICE directive directly undermines this guidance at a time when arrests are increasing under current administration policies.
The memo had not seen widespread circulation within the agency; however, its contents are being used to train newly recruited ICE officers tasked with enforcing the president’s immigration policies. Reports from whistleblowers noted a clash between the memo’s directives and previously established training materials.
Evidence of the updated enforcement tactics surfaced on January 11, when observed ICE officers forcibly entered a home in Minneapolis, where they arrested a man solely based on an administrative warrant, equipped with tactical gear and firearms. This incident exemplifies the ramifications of the memo's implementation.
Legal experts believe the recent developments are likely to face opposition in the courts, with critiques coming from various advocacy organizations and immigrant-friendly state governments, many of whose efforts center around protecting citizens from unwarranted federal intrusions.
The memo, signed by acting ICE Director Todd Lyons, states that reliance on administrative warrants for executing arrests at individuals' homes does not violate constitutional statutes. However, its legal implications remain unclear and have not been thoroughly elaborated, drawing skepticism from judges regarding the justification for such a shift in policy.
As scrutiny mounts on this newly authorized tactic, many immigrants are left grappling with anxiety over their constitutional rights while facing the reality of intensified enforcement measures in their neighborhoods.
