It looks like immigration officers in the US will no longer be following due process. Federal immigration officers are asserting sweeping power to forcibly enter people’s homes without a judge’s warrant, according to an internal Immigration and Customs Enforcement memo obtained by The Associated Press, marking a sharp reversal of longstanding guidance meant to respect constitutional limits on government searches.
Traditionally, the Fourth Amendment has required judicial approval for forced entry into a residence, but the memo — reportedly dated May 12, 2025 — allows officers to use Form I‑205 administrative warrants to arrest individuals with final removal orders.
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The memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities.
This policy represents a significant expansion of ICE authority and could enable agents to bypass courts in certain enforcement actions. ICE officials argue that administrative warrants are a lawful tool for enforcing immigration orders and maintaining operational efficiency.
However, civil liberties advocates warn that such entries could violate constitutional protections against unreasonable searches and seizures and may disproportionately affect immigrant communities.
The memo has raised legal and ethical questions, prompting scrutiny from lawmakers, civil rights organizations, and the public. Critics argue that the policy could erode trust in law enforcement and expose ICE to lawsuits, while supporters contend it is necessary for enforcing immigration laws effectively.
As the debate unfolds, this internal guidance underscores the ongoing tension between enforcing federal immigration policy and protecting individual constitutional rights.
“Every American should be terrified by this secret ICE policy authorizing its agents to kick down your door and storm into your home. It is a legally and morally abhorrent policy that exemplifies the kinds of dangerous, disgraceful abuses America is seeing in real time,” Sen. Richard Blumenthal said in a news release.
Sen. Richard Blumenthal on Wednesday called for Homeland Security Secretary Kristi Noem and acting ICE Director Todd Lyons to testify before Congress about the memo.
Not everyone is pleased with the unchecked power being given to ICE agents in the country, especially amidst escalating tension fuelled by incidents like the tragic case of Renee Good.
House Democratic leaders told their members in a closed-door meeting Wednesday they will vote no on a bill to fund the Department of Homeland Security over concerns it doesn’t do enough to rein in Immigration and Customs Enforcement, according to two sources in the room.
Situations like this often prompt broader debates about the balance of power between government authorities and citizens, the role of oversight, and the mechanisms needed to ensure accountability.
Read: ‘This isn’t immigration policy anymore’: SkillStorm’s Hany Girgis slams H-1B program (
They also illustrate the challenges policymakers face in crafting immigration and enforcement policies that are both effective and legally sound, particularly in areas where long-standing constitutional protections may intersect with complex administrative procedures.
Ultimately, the public and legislative scrutiny of such policies reflects a healthy tension in democratic governance, where legal frameworks, ethics, and public opinion together shape the boundaries of government authority and the rights of individuals.