A newly revealed internal memo from Immigration and Customs Enforcement (ICE) has caused serious concern. The memo shows that the agency has told officers they can enter homes without a judge-signed warrant. They can use this authority to conduct home arrests of certain immigrants. The memo, dated May 12, 2025, explains that ICE officers and agents may use an administrative warrant to carry out home arrests. This applies to people’s residences if they have a final order of removal.
The disclosure has alarmed critics who say it could violate constitutional protections and represents a major change from past practices.
How ICE Can Conduct Home Arrests
According to the memo, ICE officers can forcibly enter the homes of people who are subject to deportation if there is a “final order of removal.” This includes orders from immigration judges, the Board of Immigration Appeals, or U.S. district or magistrate judges. Unlike judicial warrants, which judges must approve before officers can enter a home, administrative warrants let officers act without direct judicial approval.
The document notes that this changes previous procedures. In the past, ICE relied on judicial warrants or other traditional law enforcement processes to carry out home arrests. The memo clarifies that officers can now use administrative warrants alone, and it states that the U.S. Constitution and immigration laws do not forbid this method.
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ICE officers must follow specific guidelines while conducting home arrests. They must “knock and announce” their presence and state their identity and purpose. Officers must also give the occupants time to comply with the order. The memo emphasizes that officers should enter homes only between 6 a.m. and 10 p.m. and use only a reasonable amount of force if necessary.
The memo makes clear that administrative Form I-205 is not a search warrant. Officers use it solely to enter a residence and conduct an immigration home arrest.
Responses and Concerns Over Home Arrests
The memo was shared with Congress by whistleblowers who worked within ICE, highlighting concerns over the secrecy and implementation of the policy. According to the whistleblowers, although the memo is labeled “all-hands,” it was only shown to select employees. Officers who openly questioned the memo or the new policy reportedly faced threats of termination.
Critics argue that relying on administrative warrants for home arrests could violate the Fourth Amendment. The Fourth Amendment protects citizens from unreasonable searches and seizures. Past ICE and Department of Homeland Security (DHS) training materials have suggested that using administrative warrants alone to enter a home may be unconstitutional.
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Despite these concerns, DHS has defended the practice. A spokesperson said that immigrants who receive administrative warrants already complete due process. They also receive a final order of removal from an immigration judge. The spokesperson emphasized that officers who issue these warrants find probable cause. Authorities have long recognized administrative warrants as lawful for home arrests in immigration enforcement.
Numbers Behind the Policy
ICE data shows that officers have made a significant number of home arrests since early 2025. In the nine months between January 20 and October 15, ICE reportedly arrested approximately 220,000 people. About 75,000 of these individuals had no criminal records. The arrests were made under a variety of enforcement operations, many of which took place in people’s homes.
The memo and the numbers have raised concerns about the potential reach of ICE enforcement under this policy. Critics say that allowing officers to conduct home arrests without judicial oversight could lead to abuse and fear among immigrant communities. The memo’s timing, less than four months into a new presidential term, highlights the administration’s focus on strict immigration enforcement measures.
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The disclosure comes amid ongoing debates about immigration enforcement practices and the balance between public safety and constitutional protections. Advocates for immigrants emphasize the importance of maintaining judicial oversight to prevent violations of personal rights, while ICE asserts that its officers are operating within the law when conducting home arrests using administrative warrants.
The memo serves as a reminder of the expanding powers of ICE in immigration enforcement and the continuing legal and ethical discussions surrounding the agency’s methods.