A report highlighted an internal ICE memo that, according to advocates, directs officers to enter private homes without a judicial warrant. The Immigrant Legal Resource Center (ILRC) says the memo does not cite legal authority and would allow actions that conflict with Fourth Amendment protections against unreasonable searches and seizures.
ILRC says the memo was written in May 2025 and was not publicly issued. The Associated Press reported on the memo, and ILRC says it indicates ICE leadership expected the guidance could be challenged or discredited.
The ILRC statement argues that, under the Fourth Amendment, law enforcement generally cannot enter a home without the person’s consent unless they have a warrant issued by a judge. ILRC says the memo instead relies on an “administrative warrant,” described as a form written and signed by an ICE agent.
ILRC also says the memo could affect newly hired ICE recruits, including people who may not have training in constitutional law or de-escalation. The group emphasizes that even if ICE agents do not respect rights, people still have constitutional protections.
ILRC notes that the memo does not change constitutional rights, and it urges people to document what happens so they can hold officials accountable. For more information, ILRC points readers to its “Red Cards,” which it says are available in many languages.