Immigration and Customs Enforcement is facing scrutiny over its assertion that federal officers can forcibly enter a home without a judicial warrant – a move constitutional scholars, immigration experts and a federal judge say is a clear violation of the Fourth Amendment.
An internal ICE memo from May 2025 directs agents to use force to enter residences after obtaining administrative warrants, which are signed by ICE authorities and do not require a judge's approval, according to a whistleblower complaint reviewed by USA TODAY and first reported by The Associated Press.
The memo appeared to upend longstanding precedent and law enforcement policy, including at the Department of Homeland Security, which relied on warrants signed by impartial members of the judicial branch to enter homes or businesses for searches and arrests.
News of the memo comes amid the Trump administration’s expanding deportation campaign that’s seen aggressive enforcement operations nationwide and a hiring blitz that more than doubled its workforce.
It remains unclear how often the new policy has been used in field operations. On Jan. 18, federal agents with guns drawn broke down the front door of the home of ChongLy Thao, a naturalized U.S. citizen. Relatives and local officials said he was temporarily detained and never shown a warrant. Images of Thao being led shirtless outside in the snow prompted outrage and calls for a formal investigation.
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