ICE Memo Allows Forced Home Entries Without Judge's Warrant, DHS Says Agents Act on 'Probable Cause'

U.S. immigration authorities have defended the use of administrative warrants to enter homes without judicial approval after reports revealed that an internal Immigration and Customs Enforcement memo authorizes such actions, raising questions about constitutional protections and enforcement practices.

The newly obtained ICE memo allows agents to forcibly enter the homes of individuals subject to final deportation orders using administrative warrants rather than warrants signed by judges. The document was disclosed by whistleblowers who argued that the policy departs from established legal standards and training.

In response, the Department of Homeland Security told NBC News that individuals served with administrative warrants "have had full due process and a final order of removal from an immigration judge." DHS also shared another statement with CBS News that stated that officers issuing such warrants "also have found probable cause," and that "for decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement."

The memo, dated May 12 and attributed to ICE leadership, states that relying on administrative warrants to arrest individuals in their residences represents a change from past procedures, though it cites legal assessments suggesting the Constitution and immigration laws do not prohibit the practice.

The memo instructs agents to identify themselves, knock and announce their purpose, allow occupants time to respond, and use only necessary and reasonable force.

The issue gained attention after an incident in Minnesota in which ICE agents entered a home while searching for individuals with final removal orders and temporarily detained a U.S. citizen before verifying his identity. DHS said the individual initially refused to provide identification and was released once his status was confirmed.

"This policy flies in the face of longstanding federal law enforcement training material and policies, all rooted in constitutional assessments," Whistleblower Aid said in a statement shared with NBC News, arguing that administrative warrants do not authorize agents to enter homes. The group added that training officers to disregard constitutional limits "should be of grave concern to everyone."

Sen. Richard Blumenthal, who received the memo from whistleblowers, said the directive should alarm the public:

"It is a legally and morally abhorrent policy that exemplifies the kinds of dangerous, disgraceful abuses America is seeing in real time. In our democracy, with vanishingly rare exceptions, the government is barred from breaking into your home without a judge giving a green light"