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ICE has implemented a controversial secret policy allowing officers to forcibly enter homes of illegal immigrants without judicial warrants, relying instead on administrative warrants created internally by the agency. The policy, revealed by a whistleblower to Senator Richard Blumenthal, cites President Trump’s executive order as partial justification for the practice.
The new directive permits ICE officers to use Form I-205, a warrant of removal, to arrest individuals at their residences. This represents a significant departure from traditional practices and challenges legal experts’ consensus that administrative warrants don’t meet Fourth Amendment standards for warrantless home entries. According to the whistleblower complaint, DHS lawyers have concluded that constitutional and federal laws don’t prohibit using administrative warrants for this purpose.
Senator Blumenthal strongly condemned the policy, calling it “shocking” and warning that “every American should be terrified by this secret ICE policy authorizing its agents to kick down your door and storm into your home.” He characterized it as “legally and morally abhorrent” and questioned why such a defensible policy would be kept secret.
DHS Assistant Secretary Tricia McLaughlin defended the practice, stating that individuals served with administrative warrants have received full due process and final removal orders from immigration judges. She emphasized that officers issuing these warrants have established probable cause and noted that the Supreme Court and Congress have long recognized administrative warrants’ legitimacy in immigration enforcement.
The May 12 memo, addressed to all ICE personnel, was actually only distributed to select officials who verbally briefed others. Whistleblower Aid, which kept its two sources anonymous, revealed that new recruits are being trained under this policy despite it contradicting DHS’s written training materials.
The policy includes specific operational guidelines: officers must knock and announce their identity and purpose, cannot conduct searches beyond immediate safety checks, and are prohibited from entering homes between 10 p.m. and 6 a.m. If refused entry, officers can use “reasonable force” to enter. The policy applies only to target residences, not third-party homes, and doesn’t apply in California’s Central District federal court due to a 2024 ruling.
The memo was issued by acting ICE Director Todd Lyons, and whistleblowers believe the policy is already being implemented in Texas.
Read more: ICE has secret policy allowing officers to enter private homes, whistleblowers say
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