🚪❌ DHS Memo Authorizes ICE Home Entries Without a Judicial Warrant in Violation of the Fourth Amendment

January 24, 2026

DHS Memo Authorizes ICE Home Entries Without a Judicial Warrant in Violation of the Fourth Amendment

*Reminder: DHS Officers Cannot Enter Your Home without a Signed Judicial Warrant*

Various news sources have reported on a new memo that Immigration and Customs Enforcement (ICE) wrote to give the agency the authority to enter into homes, without a signed judicial warrant, in order to detain individuals with removal orders. On May 12, 2025, the Acting Director of ICE, Todd Lyons, issued an internal letter to ICE employees stating that an administrative warrant is sufficient documentation and justification to allow ICE, and other federal agencies working with ICE, to enter someone’s home using “only a necessary and reasonable amount of force.”

However, this memo violates the Constitution and long-standing decisions by the Supreme Court. An administrative warrant is not sufficient to allow ICE to enter a home. ICE does not have authority to enter someone’s home without first obtaining a Judicial Warrant that is signed by a judge. ICE’s new memo suggests that they will now use an administrative warrant, Form I-205 “Warrant of Removal/Deportation,” to enter homes in order to detain individuals. It is important to remember that Form I-205 is not a judicial warrant. Form I-205 does not give ICE, or any other government official, the authority to enter one’s home when they have not been given consent by a household member. As soon as a household member opens the door or otherwise gives consent for officers to enter the home, a government official is no longer required to show a valid judicial warrant. For this reason, household members should identify every person before opening the door.

It is important to remember you have rights in the United States, regardless of your immigration status. Please review these tips to keep you and your families safe:

Do not open the door to unidentified individuals, including those who identify themselves as government officials.
Request that ICE personnel place the signed judicial warrant against the window or under the door so that a household member can confirm it is a valid warrant.
Do not open the door unless you see a Judicial Warrant, signed by a judge, listing both the correct name of someone who lives in the home and the correct address of the house.
Speak to all household members so that they know not to open the door for unknown or unidentified office and to request to see a signed judicial warrant.
Refuse to sign any document that an immigration official gives you.

If ICE or other government officials enter your home without permission or a signed judicial warrant:

Do not resist. Do not fight back or interfere. Do not attempt to run away.
Do not give a false name.
Exercise your right to remain silent. Do not answer any questions about your immigration status, country of birth, or manner of entering the United States.
Request to speak to your immigration lawyer.
Do not sign anything.
Request another household member to call your immigration attorney.

We strongly encourage individuals to consult with qualified immigration counsel to assess available options and develop an appropriate strategy. Our team continues to monitor developments closely and is available to provide guidance and support.