ICE policy allows agents to enter illegal immigrants' homes without judicial warrant: whistleblowers

An Immigration and Customs Enforcement policy reportedly allows officers to enter illegal immigrants' homes without a judicial warrant, whistleblowers told Congress.

The policy allows the officers to rely on administrative warrants, which the agency creates without going through a neutral judicial officer, the Washington Times reported. An executive order from President Trump is cited as partial authority for the new policy.

“ICE immigration officers should consider all available enforcement mechanisms, including the use of the Form I-205 to arrest an alien in their place of residence, to achieve the requirements of E.O. 14159,” the policy said, according to a whistleblower letter released by Connecticut Democrat Sen. Richard Blumenthal.

Department of Homeland Security lawyers have concluded that the Constitution and federal laws “do not prohibit relying on administrative warrants for this purpose,” per the whistleblower complaint.

Blumenthal called the policy “shocking” and the attorneys’ conclusions “faulty.”

“Every American should be terrified by this secret ICE policy authorizing its agents to kick down your door and storm into your home,” Blumenthal said. “It is a legally and morally abhorrent policy that exemplifies the kinds of dangerous, disgraceful abuses America is seeing in real time.”

Homeland Security Assistant Secretary Tricia McLaughlin said regarding the policy: “Every illegal alien who DHS serves administrative warrants/I-205s have had full due process and a final order of removal from an immigration judge. The officers issuing these administrative warrants also have found probable cause. For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement.”

Blumenthal said the policy is a departure from what the agency has previously done, and the memo, according to the whistleblowers, acknowledged that the DHS “has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence.”

The senator also questioned why the policy had been kept secret if it was so easily defended.

The memo, dated May 12, was addressed to “all ICE personnel,” but the whistleblowers told Blumenthal that it was provided only to “select” officials who then verbally briefed others.

Whistleblower Aid has kept the names of its two sources secret from Congress, but said they were among those shown the secret memo.

According to the whistleblowers, recruits are being trained under the new policy, despite it contradicting the DHS written training materials.

The memo, which was issued by acting ICE Director Todd Lyons, requires officers to knock and announce their presence, stating their identity and purpose, per the whistleblowers. Also, the policy is clear that the I-205 is not a search warrant, and can be used only for an arrest and immediately looking around to determine officer safety.

Also, officers are told not to enter homes from 10 p.m. to 6 a.m. However, if the illegal immigrant target refuses entry, then ICE officers can use a “reasonable amount of force” to enter.

The policy also applies only to the residence of an illegal immigrant target and cannot be used to justify entry into a third-party home.

Because of a 2024 court case, the memo says it doesn’t apply in the federal judicial Central District of California.

Whistleblower Aid said one of its sources believes the policy is being used in Texas.