In a significant and concerning shift in policy, Immigration and Customs Enforcement (ICE) has reportedly been conducting home entries without securing judicial warrants since last summer, according to two officials from the administration who spoke with NBC News.
An internal document, which dates back to May 12, 2025, was recently made public by whistleblowers. This document indicates that ICE officers are permitted to utilize administrative warrants as a basis for entering residences when there is an order to deport someone. Unlike traditional judicial warrants, which require a judge's approval and adhere to strict legal standards, administrative warrants are signed by ICE officials and allow for arrests under less stringent conditions.
This revelation arises amidst ICE's intensified operations nationwide aimed at increasing deportation rates, prompting growing scrutiny over its enforcement methods. The civil rights organization ACLU's Immigrants’ Rights Project attorney, Spencer Amdur, has criticized this policy as a blatant violation of the Fourth Amendment, which safeguards individuals against unreasonable searches and seizures conducted by the government. “This is part of an ongoing trend of disregarding clear legal boundaries regarding their authority,” he stated, referring specifically to practices during the Trump administration.
While officials have not disclosed the exact number of homes entered, they did mention that the May memo was influenced by a legal opinion from the Department of Homeland Security’s Office of the General Counsel issued in March 2025. It's important to note that these legal opinions do not equate to established law. Charlie Wall, who has recently taken on the role of acting deputy director of ICE, is overseeing the implementation of this new approach.
In June, Wall traveled to Los Angeles to prepare officers for an immigration enforcement operation, coinciding with a surge in arrests starting June 6. This increase in ICE activity sparked protests throughout the city, highlighting community concerns over the agency's tactics. An official noted that training materials now reference this controversial policy, indicating its deeper integration into ICE's operational framework.
DHS spokeswoman Tricia McLaughlin confirmed the active use of this policy but refrained from disclosing specific details regarding where or how frequently homes have been entered. She emphasized that every instance in which DHS employs an administrative warrant involves individuals who have already undergone full due process.
The memo shared by whistleblowers with Senator Richard Blumenthal outlines that detaining individuals solely based on administrative warrants marks a departure from prior practices. The document, authored by acting ICE Director Todd Lyons, asserts that while DHS has traditionally not relied exclusively on administrative warrants for apprehending individuals with final orders of removal in their homes, recent legal interpretations suggest that such reliance is constitutionally permissible.
Furthermore, the memo clarifies that those targeted for arrest within their residences are individuals subject to final removal orders issued by immigration judges, the Board of Immigration Appeals, or U.S. district or magistrate judges. Moreover, it stipulates that officers must allow individuals inside adequate time to comply with these orders. It also advises that entry into homes should generally occur between 6 a.m. and 10 p.m., and emphasizes that only a necessary and reasonable amount of force should be employed during such entries.
The Associated Press was the first to report on this developing situation, highlighting critical aspects of ICE's evolving operations.
