US Immigration and Customs Enforcement (ICE) is under fire for a memo that seems to allow agents to forcibly enter homes without a judge's warrant. The guidance, which has been internalized by new hires and training materials, contradicts long-standing advice given to immigrant communities about how to protect themselves from raids.
According to advocates, the move collides with the Fourth Amendment protections of the US Constitution, which protects all residents from illegal searches and seizures. The memo advises ICE officers that they can use force to enter a residence based solely on an administrative warrant, even if it does not include judicial approval.
"This is a stark departure from the advice we've been giving our communities for years," said Fred Tsao, senior policy counsel at the Illinois Council of Immigrant and Refugee Rights. "We have seen this administration try to bend and twist existing laws to their advantage, but this takes the cake."
The move has sparked outrage among immigrant advocates and legal experts, who argue that it undermines decades of precedent and puts communities at risk. Kevin Fee, legal director of ACLU of Illinois, noted that cases in Illinois where federal agents broke into people's homes without a judicial warrant are "flatly inconsistent" with the Constitution.
"This memo just emphasizes the fundamental lawlessness under this administration," Fee said. "We stand ready to challenge any cases we hear of going forward, but our guidance remains the same: if you don't want law enforcement to search your home, verbally refuse without a judicial warrant being presented."
The shift comes as ICE is ramping up its deportation efforts nationwide, deploying thousands of officers under a mass crackdown that is reshaping enforcement tactics in cities across the country. Federal agents have already been seen ramming doors and arresting people without warrants, including a Liberian man with a deportation order from 2023.
Advocates are warning communities to be vigilant and document any encounters with immigration agents, as they fear that this new guidance will lead to more aggressive enforcement tactics. As Tsao put it, "We have to keep doing what we're doing, educating our communities on how to defend themselves and holding out for accountability one day."
According to advocates, the move collides with the Fourth Amendment protections of the US Constitution, which protects all residents from illegal searches and seizures. The memo advises ICE officers that they can use force to enter a residence based solely on an administrative warrant, even if it does not include judicial approval.
"This is a stark departure from the advice we've been giving our communities for years," said Fred Tsao, senior policy counsel at the Illinois Council of Immigrant and Refugee Rights. "We have seen this administration try to bend and twist existing laws to their advantage, but this takes the cake."
The move has sparked outrage among immigrant advocates and legal experts, who argue that it undermines decades of precedent and puts communities at risk. Kevin Fee, legal director of ACLU of Illinois, noted that cases in Illinois where federal agents broke into people's homes without a judicial warrant are "flatly inconsistent" with the Constitution.
"This memo just emphasizes the fundamental lawlessness under this administration," Fee said. "We stand ready to challenge any cases we hear of going forward, but our guidance remains the same: if you don't want law enforcement to search your home, verbally refuse without a judicial warrant being presented."
The shift comes as ICE is ramping up its deportation efforts nationwide, deploying thousands of officers under a mass crackdown that is reshaping enforcement tactics in cities across the country. Federal agents have already been seen ramming doors and arresting people without warrants, including a Liberian man with a deportation order from 2023.
Advocates are warning communities to be vigilant and document any encounters with immigration agents, as they fear that this new guidance will lead to more aggressive enforcement tactics. As Tsao put it, "We have to keep doing what we're doing, educating our communities on how to defend themselves and holding out for accountability one day."