The Department of Homeland Security issued guidance to Immigration and Customs Enforcement officers, authorizing them to use a narrower arrest warrant to enter homes and detain illegal immigrants, according to a government memorandum.
Last year, agents were told they could use a simple administrative warrant to carry out such operations, rather than relying on an arrest warrant signed by a judge. Federal personnel can use the administrative warrant to execute an arrest if they have a final removal order for the illegal immigrant from an immigration judge or appeals board, according to the memo, which was obtained this week by the Associated Press after ICE Director Todd Lyons sent it to personnel in May 2025.
“Although the U.S. Department of Homeland Security 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 the 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.
“ICE officers are authorized to make warrantless arrests where permitted by statute and consistent with the Fourth Amendment,” the memo reads, adding that agents are allowed to use “necessary and reasonable force” to carry out arrests.
When pressed on the memo by the Washington Examiner, DHS, which oversees ICE, said those who are served administrative warrants have had “full due process.”
“Every illegal alien who DHS serves administrative warrants/I-205s has had full due process and a final order of removal from an immigration judge,” Assistant Homeland Security Secretary Tricia McLaughlin said in a statement. “The officers issuing these administrative warrants have also found probable cause. For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement.”
The memo surfaces at a tense time for ICE.
The agency has been heavily criticized in recent months due to concerns about its use of force. It has most recently weathered scrutiny in Minneapolis, after an ICE agent killed a woman the Trump administration alleged was trying to kill him with her car. Video footage of the incident has split the country, with some saying it proves Renee Good was not a threat and that ICE grossly mismanaged the situation. Others argue it proves the agents were in fear for their lives, justifying their use of deadly force.
DHS MORE THAN DOUBLES CASH INCENTIVE FOR ILLEGAL IMMIGRANTS TO LEAVE US
ICE was most recently deployed to Maine, following a year of over 3 million reported illegal immigrant deportations under the Trump administration through self-deportations and targeted deportation efforts nationwide.
“On the first day of operations, we arrested illegal aliens convicted of aggravated assault, false imprisonment, and endangering the welfare of a child. Under President Trump and Secretary Noem, we are no longer allowing criminal illegal aliens to terrorize American citizens,” McLaughlin said.
