(TNND) — Immigration and Customs Enforcement (ICE) reportedly told agents in an internal memo that they could forcibly enter the homes of people without a judicial warrant if they are subject to deportation.
The memo from ICE Acting Director Todd Lyons, dated May 12, was shared with a whistleblower group by two government officials.
“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 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,” Lyons wrote in the memo disclosed by Whistleblower Aid.
Administrative warrants are issued by agencies such as ICE or the Department of Homeland Security (DHS) and authorize civil immigration enforcement but do not permit entry into private spaces without consent. Judicial warrants are issued by a federal judge and, when supported by probable cause, may authorize entry into specified private spaces.
Whistleblower Aid detailed in its release that Lyons authorized ICE agents to rely on Form I-2025 (which is not a judicial warrant) to enter the residence of an alien subject to a final order of deportation, without consent, including by “a necessary and reasonable amount of force.”
The whistleblower group added that the memo was not widely distributed within ICE but was only provided to select officials for reading in the presence of a supervisor and given back.
Sen. Richard Blumenthal, D-Conn., shared the details on social media and said he was demanding transparency from Homeland Security Secretary Kristi Noem for the “abhorrent policy” that ignores Fourth Amendment protections.
“Every American should be terrified by this secret ICE policy authorizing its agents to kick down your door and storm into your home,” Blumenthal said in a statement. “It is a legally and morally abhorrent policy that exemplifies the kinds of dangerous, disgraceful abuses America is seeing in real time.”
Assistant Secretary Tricia McLaughlin responded to the allegations by telling multiple outlets that “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.
“The officers issuing these administrative warrants also have found probable cause,” she added. “For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement.”
The memo acknowledges that officers and agents must knock and announce themselves first, but notes that if an immigrant does not respond, they can use a “reasonable amount” of force to enter the home.
“Based upon information and belief, newly hired ICE agents – many of whom do not have a law enforcement background – are now being directed to rely on Form I-205 to enter a home without consent to conduct arrests,” Whistleblower Aid stated.
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