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Immigration officers assert sweeping power to enter homes without a judge’s warrant, memo says
AP NEWS ^ | 1/21/2025 | REBECCA SANTANA

Posted on 01/21/2026 4:50:05 PM PST by Vendome

Federal immigration officers are asserting sweeping power to forcibly enter people’s homes without a judge’s warrant, according to an internal Immigration and Customs Enforcement memo obtained by The Associated Press, marking a sharp reversal of longstanding guidance meant to respect constitutional limits on government searches.

The memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities.

The memo, signed by the acting director of ICE, Todd Lyons, and dated May 12, 2025, says: “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.”

(Excerpt) Read more at apnews.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: jurisdiction; not; our; under

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1 posted on 01/21/2026 4:50:05 PM PST by Vendome
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To: Vendome

Why not? Game wardens can do it?


2 posted on 01/21/2026 4:53:26 PM PST by ChuckHam
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To: Vendome
No warrant is required.

A court order supersedes a warrant.

They have court orders to round up criminals.

3 posted on 01/21/2026 5:01:42 PM PST by E. Pluribus Unum ( Klaatu barada nikto.)
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To: Vendome

Illegals under removal orders don’t have 4th amendment protections.


4 posted on 01/21/2026 5:03:43 PM PST by Mariner (War Criminal #18)
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To: Vendome

I’m surprised the ACLU and other lawfare entities haven’t sued already.

Must be actual breaking news


5 posted on 01/21/2026 5:17:17 PM PST by Valpal1 (Not even the police are safe from the police!!!)
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To: ChuckHam

Beat me to it. Game wardens have wide latitude in many states, and can inspect your freezer for exceeding creel or bag limits for fish or waterfowl, venison or whatever.


6 posted on 01/21/2026 5:25:25 PM PST by Freedom4US
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To: Mariner

Illegal Aliens have the “right” or are liable to be immediately removed from the Zone of the Interior. Anything more than that is pushing it, as far as I’m concerned.


7 posted on 01/21/2026 5:28:04 PM PST by Freedom4US
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To: E. Pluribus Unum

“No warrant is required.

A court order supersedes a warrant.

They have court orders to round up criminals.”
____________________________________________________________

A search or arrest warrant IS a court order. A General Warrant, even if it’s to “round up criminals” is still unconstitutional - and has been since we became a nation.

Imagine the screams here if someone said ATF could do gun sweeps and searches without a warrant. Thanks to decisions like this one, that kind of expansion is in our future.

If anybody kicks in my door without identifying themselves and showing a warrant, I’ll be exercising my 2nd Amendment rights vigorously as long as the ammo holds out.


8 posted on 01/21/2026 5:38:33 PM PST by Bob Wills is still the king
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To: Mariner

“Illegals under removal orders don’t have 4th amendment protections.”
____________________________________________________________

Constitutional rights apply to everyone in the country. There’s no exclusion for felons, criminals, or even aliens.


9 posted on 01/21/2026 5:40:31 PM PST by Bob Wills is still the king
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To: Vendome

As I read the article, they still have a warrant of some kind, so it’s not like it’s some kind of license to just bust down someone’s door for no reason.


10 posted on 01/21/2026 5:48:01 PM PST by metmom (He who testifies to these things says, “Surely I am coming soon." Amen. Come, Lord Jesus….)
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To: Vendome

this was may 2025

have not seen any stories where this has been applied

and you know we would have heard about it


11 posted on 01/21/2026 5:48:05 PM PST by joshua c
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To: Bob Wills is still the king

Felons on parole/probation are not afforded those rights.

And neither are illegals under a “warrant”, Removal order.

There are exceptions.

Another is entry at the border...a US citizen on US territory is subject to search/seizure without a warrant or probable cause.


12 posted on 01/21/2026 5:49:39 PM PST by Mariner (War Criminal #18)
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To: Vendome

On CBS news tonight Department of Corrections MN says DHS is lying.
https://kstp.com/kstp-news/top-news/minnesota-doc-disputes-claims-made-by-dhs-on-ice-detainers/
The DOC also noted that it is required by Minnesota state law to notify ICE when someone in custody is not a United States citizen. In addition to the law, the DOC says it honors all detainers by policy.


13 posted on 01/21/2026 5:55:51 PM PST by griswold3 (Truth, Beauty and Goodness)
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To: Vendome

And what part of the Constitution allows this?


14 posted on 01/21/2026 5:58:16 PM PST by GrootheWanderer
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To: Bob Wills is still the king

Constitutional rights apply to everyone in the country. There’s no exclusion for felons, criminals, or even aliens.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.
Any caselaw that confirming that right?


15 posted on 01/21/2026 6:03:01 PM PST by fortes fortuna juvat (TDS: Triggered in 2016 when the MAGA King killed the Queen of the Lunatic Left.)
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To: fortes fortuna juvat

“Any caselaw that confirming that right?”
____________________________________________________________

It was cited in the story, if you’d bother to read it.

“All law enforcement operations — including those conducted by ICE and Customs and Border Protection — are governed by the Fourth Amendment of the Constitution, which protects all people in the country from unreasonable searches and seizures.

People can legally refuse federal immigration agents entry into private property if the agents only have an administrative warrant, with some limited exceptions.”

If you want the current case law, start with a case called Mapp vs. Ohio.

Constitutional rights apply to everyone in the United States.


16 posted on 01/21/2026 6:27:33 PM PST by Bob Wills is still the king
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To: Bob Wills is still the king

The illegals entire presence in the country is extra-judicial: they have declared by entering the country illegally that they will not be bound by our laws, so therefore, they have no standing to apply to any law to protect them from expulsion.

Like a game warden, an ICE officer has 100% authority to search anywhere at any time for the violator, because no lawful person will be impacted.


17 posted on 01/21/2026 6:29:08 PM PST by bakeneko
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To: Vendome

If they have a verified address of an illegal alien it would seem that alone would constitute probable cause. An administrative warrant seems superfluous.


18 posted on 01/21/2026 6:46:31 PM PST by Ajnin (Don't be a pansy, embrace the fireball.)
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To: Bob Wills is still the king
https://www.ice.gov/immigration-enforcement-frequently-asked-questions

Why does ICE arrest people, and do they need a warrant?

ICE officers and agents are on the streets every day, prioritizing public safety by locating, arresting and removing criminal aliens and immigration violators from our neighborhoods.

ICE does not need judicial warrants to make arrests. Like all other law enforcement officers, ICE officers and agents can initiate consensual encounters and speak with people, briefly detain aliens when they have reasonable suspicion that the aliens are illegally present in the United States, and arrest people they believe are illegal aliens. ICE officers and agents can also detain and search people crossing the border.

All aliens who violate U.S. immigration law are subject to arrest and detention, regardless of their criminal histories. Those with final orders of removal are removed from the United States.

Do ICE officials need to show warrants to the public?

ICE law enforcement officers cannot show the warrants they are executing to people who aren’t named or involved. Often, law enforcement sensitivities and privacy concerns require officials to keep this information under wraps.

If you’re looking for specific information, you may make a Freedom of Information Act request.


19 posted on 01/21/2026 6:47:40 PM PST by E. Pluribus Unum ( Klaatu barada nikto.)
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To: Bob Wills is still the king

They have a Final Order of Removal.

They’ve had all the 4th Amdt and Due Process they’re entitled to. Which, not being of We The People by virtue of their illegal alien status, is very little if any at all.


20 posted on 01/21/2026 6:49:23 PM PST by castlebrew (Gun Control means hitting here you're aiming!))
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