Archive · 23 Jan 2026
ICE Memo Expands Forcible Entry Powers
The Trump administration has issued a secret memo allowing ICE agents to enter people's homes without a regular court warrant.
Instead, they can use an internal warrant from their own agency.
This has raised concerns because it might go against the Fourth Amendment, which protects people from unreasonable searches.
Some ICE agents have already been using this new rule, and there have been cases where they forced their way into homes.
A judge even ruled that one of these arrests was unlawful.
Lawyers and advocates are worried about these actions, and it's likely that this new policy will be challenged in court.
ICE memo allows forcible entry with internal administrative warrants, bypassing judicial warrants.
Whistleblowers revealed the memo, claiming it contradicts existing training materials and legal standards.
Notable case: ICE agents forcibly entered a Liberian man's home, later ruled unlawful by a federal judge.
DHS claims targeted migrants have had due process, but immigration judges are Justice Department employees.
Legal challenges to the new policy are considered almost certain.
- Who
- ICE agents and the Trump administration
- What
- Assertion of new powers to enter homes without judicial warrants
- When
- Memo signed in May 2023, reported in October 2023
- Where
- United States, with notable cases in Minnesota
- Why
- DHS lawyers determined agents could use internal administrative warrants
- Agency
- ICE (Immigration and Customs Enforcement)
- Memo Signatory
- Acting ICE Director Todd Lyons
- Memo Date
- May 2023
- Warrant Type
- Internal administrative warrant
- Whistleblower Organization
- Whistleblower Aid
- Notable Case
- Garrison Gibson (Liberian man)
- Legal Challenge Likelihood
- Almost certain