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4w ago

DHS Defense of ICE Home Entries With Administrative Warrants Intensifies Constitutional Clash

A new Cato analysis examines the agency’s rationale against Supreme Court home-entry doctrine raised by critics.

ICE and other federal officers approach a residential building in Minneapolis, Minnesota, on Jan. 13.
ICE agents look for someone at a home on Jan. 28 in Circle Pines, Minnesota. According to a memo obtained by the Associated Press, the federal government claims ICE agents can enter a home on an administrative warrant — without judicial approval — if they're seeking a person with a final removal order.
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Overview

  • An internal policy reported to be issued on May 12, 2025, authorized ICE agents to enter residences to arrest people with final removal orders using agency-signed administrative warrants rather than judicial warrants.
  • According to coverage of an internal memo obtained by the Associated Press, DHS classifies those with final removal orders as fugitives to justify residential entry without prior judicial approval.
  • amNewYork reports that ICE training directives instructed recruits that Form I-205 permits in-home arrests without consent to enter and without a judge-signed warrant.
  • Legal commentary cites Payton v. New York in arguing that forced entry into a home requires a judicial warrant absent consent or exigent circumstances, while a new Cato Institute analysis reviews historical statutes and cases such as Abel and Yamataya and questions the legality of executive-issued home-entry warrants.
  • Opinion pieces warn of heightened safety risks from forced entries based solely on agency paperwork, and one column recounts a reported St. Paul incident in which a naturalized citizen was seized and then released without explanation.