Internal ICE Memo Authorizes Forced Home Entries Using Administrative, Not Judicial, Warrants for Deportation Targets
An internal May 2025 ICE memo signed by Acting Director Todd Lyons authorizes agents in some cases to enter homes using administrative (non‑judicial) warrants, authorizes officers to knock, identify themselves and use the "necessary and reasonable amount of force" if refused, and limits operations to 6 a.m.–10 p.m. The memo argues the Constitution, the Immigration and Nationality Act and regulations "do not prohibit" relying on administrative warrants; DHS says affected individuals have "full due process and a final order of removal" and officers issuing those warrants found probable cause, while whistleblowers and legal advocates call the policy a Fourth Amendment violation and say the memo—though not widely distributed internally—has been used in training.
📌 Key Facts
- An internal ICE memo dated May 2025 and signed by Acting ICE Director Todd Lyons authorizes use of administrative (non‑judicial) warrants to enter residences for deportation operations.
- The memo states the Constitution, the Immigration and Nationality Act, and regulations “do not prohibit” relying solely on administrative warrants to enter homes.
- It authorizes officers, after knocking and identifying themselves, to use the “necessary and reasonable amount of force” to make entry if residents refuse, and directs such operations to occur between 6 a.m. and 10 p.m.
- A whistleblower complaint shared with Congress says the memo has not been widely distributed inside ICE but is being used in training.
- DHS spokeswoman Tricia McLaughlin defended the practice, saying affected individuals have “full due process and a final order of removal” and that officers issuing administrative warrants have found probable cause.
- Whistleblower Aid and outside counsel criticize the policy as a “flagrant violation of the Fourth Amendment,” and attorney David Kligerman called the memo “painfully unlawful,” arguing it flatly contradicts long‑standing Fourth Amendment doctrine.
- Whistleblowers provided the internal memo to outside counsel, which helped bring it to public attention through CBS reporting, and critics link the memo to recent reports of ICE forcing entry into homes of U.S. citizens without judicial warrants.
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- CBS segment features David Kligerman of Whistleblower Aid explicitly calling the ICE memo 'painfully unlawful.'
- The interview clarifies that whistleblowers provided the internal May 2025 memo to outside counsel, which in turn helped bring it to public attention via CBS.
- Kligerman emphasizes, in lay terms for viewers, that the memo authorizes entries without judicial warrants and explains why he believes that flatly contradicts long‑standing Fourth Amendment doctrine.
- Confirms the memo is dated May 2025 and was signed by Acting ICE Director Todd Lyons.
- Quotes the memo’s legal rationale that the Constitution, Immigration and Nationality Act and regulations 'do not prohibit' relying solely on administrative warrants to enter residences.
- Details that officers are authorized to use the 'necessary and reasonable amount of force' to enter if residents refuse entry, after knocking and identifying themselves, and that such operations are to occur between 6 a.m. and 10 p.m.
- Includes DHS spokeswoman Tricia McLaughlin’s defense that affected individuals have 'full due process and a final order of removal' and that officers issuing the administrative warrants have found probable cause.
- Reports that the memo has not been widely distributed inside ICE but is being used in training, according to a whistleblower complaint shared with Congress.
- Whistleblower Aid characterizes the policy as a 'flagrant violation of the Fourth Amendment' and links it to recent reports of ICE breaking into homes of U.S. citizens without judicial warrants.