The U.S. Immigration and Customs Enforcement (ICE) agency has adopted a policy enabling agents to enter people’s homes without obtaining a traditional criminal warrant authorized by a judge. Instead, ICE will utilize "administrative warrants" that establish probable cause related to individuals’ immigration status, circumventing judicial approval.
Documents reviewed by the Wall Street Journal reveal internal legal interpretations from the Department of Homeland Security (DHS) asserting that final removal orders issued by immigration judges provide adequate legal grounds for forced home entries. DHS spokeswoman Tricia McLaughlin stated, "People targeted under this policy have had full due process and a final order of removal from an immigration judge." This approach signals a clear break from decades of legal precedence that required judicial warrants to safeguard citizens’ Fourth Amendment rights against unreasonable searches and seizures.
A whistleblower complaint, brought to light through reporting, alleges that ICE is actively instructing officers to adhere to this new administrative warrant procedure instead of existing formal written protocols, reflecting a significant operational shift within the agency.
Since early 2026, during the Biden administration’s second term, ICE has notably expanded its enforcement activities amid increased federal funding and a rise in personnel numbers. While officials emphasize their priority on deporting convicted criminals, data indicates a growing number of detained individuals lack prior criminal records, which has intensified scrutiny of the agency’s targeting practices.
Public tensions surrounding ICE operations have escalated significantly, especially following the fatal shooting of U.S. citizen Renee Nicole Good by an ICE agent in Minneapolis. This incident ignited widespread protests across the United States and intensified accusations of racial profiling and wrongful arrests of American citizens.
Despite criticism, the administration considers the broadened authority essential to advance the president’s pledge of mass deportations. However, the legal standing of this policy remains contested because immigration judges are employees of the Justice Department and are not independent judicial branch members, potentially undermining traditional judicial safeguards.