General Discussion

On May 12, 2025, Acting Director Todd Lyons authored a secret memorandum that was later leaked by a whistleblower. ICE officers were told to follow the memo's guidance instead of written training materials. The memo authorized ICE officers to forcibly enter people's homes without a judge's warrant, stating:

Although the U.S. Department of Homeland Security (DHS) has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act and the immigration regulations do not prohibit relying on administrative warrants for this purpose.[11]

Administrative warrants are generated and signed by ICE agents and are not approved of by either federal district court or magistrate judges.[12] Historically administrative warrants were used to arrest individuals in public places, and only judicial warrants could authorize ICE agents to enter private residences.[12] The practice described by the memo is likely a violation of the Fourth Amendment which requires a warrant issued by a judge to authorize physical intrusion into private residencies.[13] Although addressed to all ICE officers, the memo was only shared with select DHS officials who were directed to verbally brief this policy to ICE officers during training.[12][13] The memo was to be kept confidential under risk of potential firing.[13]