SAN DIEGO (KGTV) — Immigration and Customs Enforcement agents can forcefully enter homes without a judicial warrant, according to an internal ICE memo recently obtained by the Associated Press.
The memo states that ICE agents need only an administrative warrant to conduct forced entry for immigration arrests.
According to the memo, first reported by the Associated Press and shared by a non-profit representing two government whistleblowers, ICE was told last May that an administrative warrant was sufficient to forcefully enter someone's home to conduct an immigration arrest.
The Department of Homeland Security says this policy applies to individuals in the country illegally with deportation orders. In one case referenced by the AP, DHS said the targeted individual had a "lengthy rap sheet."
The memo itself acknowledges that while DHS hasn't historically relied on administrative warrants alone, its legal counsel recently determined it's sufficient.
Tammy Lin, an immigration attorney and local law professor in San Diego, believes the memo is concerning and violates the Constitution.
"This is why we have these checks and balances, and we have the judicial branch to make sure that law enforcement generally doesn't run rampant and has proof of some sort," Lin said.
Lin explained the key differences between the two types of warrants.
"For most judicial warrants, you need to have probable cause that that's where the person lives, that that person has committed some type of crime, and there are reasons for them to enter the home," Lin said.
An administrative warrant, however, requires no judicial signature.
"The administrative warrant is just paperwork. If you look at it, it will say Department of Homeland Security on the bottom, either right or left, it might say a form number I-205, which is an immigration form number that is used by ICE," Lin said.
When asked about the memo, the Department of Homeland Security told the Associated Press that everyone served with an administrative warrant has already had full due process and a final order of removal. The department also stated that officers using these types of warrants have found probable cause.
Vice President JD Vance defended the memo Thursday during a press conference in Minneapolis.
"Nobody is talking about doing immigration enforcement without a warrant. We are talking about different types of warrants that exist in our system," Vance said.
The memo is expected to be challenged legally.
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