An internal memo from Immigration and Customs Enforcement (ICE) suggests that agents are authorized to enter the homes of immigrants and citizens alike without a judicial warrant — an assertion that violates the Fourth Amendment and several years of caselaw stating otherwise.
The memo was first made public in a disclosure from whistleblowers within the federal government, with the help of the nonprofit group Whistleblower Aid. According to that organization, the ICE memo, issued in May 2025, authorizes agents “to enter the residence of an alien subject to a final order of deportation, without consent, including by ‘a necessary and reasonable amount of force'” using Form I-205, which is an administrative warrant, not a judicial one.
Judicial warrants authorize searches, seizures, or arrests, and are issued by judges within the judicial branch of government. Administrative warrants, which are issued by ICE or the Department of Homeland Security (DHS), allow seizures or arrests of individuals under certain circumstances, but do not allow for search or entry of a person’s property without their consent.
The extent to which the memo has been shared throughout the agency is unclear, though there are several examples of ICE or other federal immigration officials entering people’s homes without valid judicial warrants, including homes of U.S. citizens. But the report from Whistleblower Aid indicates that the memo has been used to train new ICE officers, despite the fact that other training materials within the agency directly contradict the memo.
The whistleblowers who brought the memo forward, who are remaining anonymous out of fears of retribution, have also stated that several DHS employees have been reprimanded for expressing their concerns over the document. At least one instructor has resigned from their position rather than teach the new directive.
In addition to violating years of caselaw — including Supreme Court precedent — stating that federal agents cannot enter people’s homes without a judicial warrant, the memo also violates the Fourth Amendment to the U.S. Constitution, which states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Importantly, the amendment does not differentiate between rights of citizens and immigrants.
David Kligerman, senior vice president and special counsel at Whistleblower Aid, derided the Trump administration for issuing a directive so flagrantly unconstitutional.
“It’s just shocking. Every chief executive who’s had the opportunity to enforce their immigration laws has never wanted to come close to this red line,” Kligerman told The Washington Post. “No one wants to degrade this Fourth Amendment right, not in this way.”
In a statement accompanying an explanation of ICE’s memo, Kligerman also noted: “No court has ever found that ICE agents have such legal authority to enter homes without a judicial warrant.”
The ICE directive was widely condemned as illegal, with critics ranging from lawmakers in Congress to legal experts.
“Every American should be terrified by this secret ICE policy authorizing its agents to kick down your door and storm into your home,” Sen. Richard Blumenthal (D-Connecticut) said in a statement. “It is a legally and morally abhorrent policy that exemplifies the kinds of dangerous, disgraceful abuses America is seeing in real time.” (Notably, Blumenthal has not voiced support for abolishing the agency, despite strong support from the American public for doing so.)
“I try to avoid hyperbole when it comes to Trump policies, but this is absolutely frickin’ insane,” said Georgetown Law professor Steve Vladeck, adding that the memo represents “massive, systemic Fourth Amendment violations.”
Responding to Vladeck’s post on Bluesky, Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, explained just how worrisome the memo is to legal experts, saying it is “one of my top 5 scandals for this admin so far,” perhaps even within his “top 3.”
“This is a massive overreach of power by the Trump administration. Due process isn’t optional. It’s a fundamental right,” the American Civil Liberties Union (ACLU) said.
“This is clearly unlawful conduct. ICE can’t change the law just because it doesn’t like it,” former U.S. Attorney Joyce Vance opined.
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