ICE Agents Can Forcibly Enter a Home Without a Warrant Only With These Conditions

A newly revealed internal document has confirmed a significant change in how American immigration officers conduct arrests. The memo instructs Immigration and Customs Enforcement (ICE) agents that they have the authority to forcibly enter a private home without a warrant signed by a judge. This applies specifically to cases where the person inside has been given a final order to be removed from the country.

The internal directive, dated 12 May, was written by ICE Acting Director Todd Lyons. It was brought to light after two whistleblowers shared the document with Senator Richard Blumenthal, a Democrat from Connecticut. The document clarifies that agents can enter a property using only an 'administrative warrant' if specific conditions are met. This marks a departure from standard practices, where police or federal agents typically require a 'judicial warrant'—signed by a judge or magistrate—to enter a private residence without the owner's permission.

Understanding the Difference in Warrants

To understand the weight of this change, it is important to look at the two types of warrants. Historically, an administrative warrant (often Form I-200 or I-205) is issued by an immigration official, not a court judge. In the past, this document allowed agents to arrest someone if they were in a public place. However, it did not give them the legal right to enter a private home if the resident refused to open the door.

In contrast, a judicial warrant is signed by a judge after law enforcement provides evidence of probable cause. This type of warrant has traditionally been the only legal way to force entry into a home in the United States under the Fourth Amendment of the Constitution. The new memo, however, states that the Department of Homeland Security (DHS) Office of General Counsel has decided that relying only on administrative warrants is lawful under the Constitution and the Immigration and Nationality Act.

New Directives for Forcible Entry

The memo explicitly states that agents may 'arrest and detain aliens' in their homes if they are subject to 'final orders of removal'. These orders must have been issued by immigration judges, the Board of Immigration Appeals, or federal judges. Acting Director Lyons noted in the text that this is a change from how things were done in the past.

'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 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,' the memo reads.

Strict Conditions for Agents

While the memo allows for entry without a judicial warrant, it sets out strict rules that officers must follow. They cannot simply break down a door without warning. The guidance requires officers using Form I-205 to follow a 'knock and announce' procedure.

According to the document, agents must clearly state who they are and why they are there. The text says, 'in announcing, officers and agents must state their identity and purpose'. After announcing themselves, the agents must give the people inside the home a reasonable amount of time to come to the door and comply with the order.

Furthermore, there are restrictions on when these raids can happen. The memo instructs that, generally, agents should not enter a home before 06:00 or after 22:00. This is likely to prevent chaos and ensure safety during the operation. Regarding the physical act of entering, the guidance states that agents 'should only use a necessary and reasonable amount of force' to gain entry.

Implications for Privacy and Law

This revelation is likely to spark debate regarding civil liberties and the rights of people living in the United States. Senator Blumenthal's involvement suggests that lawmakers are scrutinising this expansion of power. By removing the need for a judge to sign off on a home entry, the executive branch—through the DHS—is claiming more authority to police immigration from within private communities.

The shift places a great deal of responsibility on the individual agents to determine if the use of force is 'necessary and reasonable'. As this is an internal instruction from May that has only recently surfaced in January 2026, it remains to be seen how often this power has been used in the months since the memo was signed.