Can ICE Enter My Home Without a Warrant?

The 4^th Amendment to the United States Constitution guarantees that “[t]he right of the people to be secure in their . . . houses . . . against unreasonable searches and seizures, shall not be violated . . . .” Decades ago, the Supreme Court explained this means that unless a person inside a house gives consent, then law enforcement are generally not allowed to enter a private home without warrant, signed by a judge (i.e. a judicial warrant).

However, a newly disclosed internal policy within U.S. Immigration and Customs Enforcement (ICE) has ignited widespread legal and constitutional concern. Under this new policy, federal immigration enforcement agents may now enter private homes and make arrests using only administrative warrants, without the traditionally required judicial warrant signed by a judge.

What’s Changed?

According to reporting based on a whistleblower disclosure and an internal memorandum dated May 12, 2025, and signed by Acting ICE Director Todd Lyons, ICE officers are being instructed that they may force entry into a person’s residence with an administrative warrant (often called a Form I-205) when the individual has a final order of removal. The memo directs agents to knock, identify themselves, and, if the resident refuses entry, use a “necessary and reasonable amount of force” to enter the home.

This represents a major departure from longstanding practice and guidance that has generally required a judicial warrant to enter a home where someone has a reasonable expectation of privacy unless there are unique exigent circumstances (e.g., imminent danger).

Administrative vs. Judicial Warrants

Administrative warrants are internal documents issued by DHS or ICE officials that authorize an immigration arrest. They are not signed by an independent judge or magistrate and do not confer the same authority as a judicial warrant to enter private residences without consent.

Under traditional Fourth Amendment legal interpretation, judicial warrants are required for nonconsensual entries into homes precisely because of the heightened privacy expectations there. Courts have repeatedly emphasized that administrative warrants do not alone permit forcible home entry absent other valid exceptions to the warrant requirement.

What This Means for Immigrant Communities

Reports indicate that this new policy has already been put into practice. Allegations from whistleblower disclosures and on-the-ground reporting suggest that some ICE agents have already acted on this directive in some enforcement operations.

For immigrants and their families, understanding the distinction between administrative and judicial warrants has never been more important. Traditionally, advocates have advised that you do not have to consent to ICE entry if agents cannot show a warrant signed by a judge That guidance remains critical and everyone, noncitizens and citizens alike, are encouraged to follow it.