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February 3, 2026policy changeImmigration PolicyCivil LibertiesConstitutional Lawcivil libertiesimmigration enforcementconstitutional rights

ICE memo expands warrantless arrest authority using likelihood of escape

A leaked internal ICE memo directed deportation officers to use a broadened interpretation of the statutory "likelihood of escape" standard to authorize warrantless arrests, defining a person as likely to escape if they are unlikely to remain at the location where they were encountered — eliminating the prior requirement of a demonstrated flight risk from court proceedings. Advocacy groups immediately challenged the memo, and a federal judge in Oregon issued a ruling finding the new standard "inconsistent" with existing immigration law.