Secret ICE memo instructs agents they can forcibly enter homes without judicial warrants

Acting ICE Director Todd Lyons signed the memo on May 12, 2025, authorizing agents to use Form I-205 — a warrant of removal signed by an ICE supervisor, not a judge — to forcibly enter private homes, overriding longstanding DHS training materials that stated a Form I-205 does not authorize a Fourth AmendmentFourth AmendmentThe constitutional right protecting people from unreasonable government searches and seizures, generally requiring a warrant based on probable cause.Key ConceptFourth AmendmentThe constitutional right protecting people from unreasonable government searches and seizures, generally requiring a warrant based on probable cause.Open conceptBookmark search

Form I-205 is an administrative warrant signed by an ICE supervisor, not a judicial warrantJudicial WarrantCourt order signed by a judge authorizing law enforcement to arrest, search, or seize evidence.Key ConceptJudicial WarrantCourt order signed by a judge authorizing law enforcement to arrest, search, or seize evidence.Open conceptBookmark issued by a neutral magistrate — the Supreme Court held in Payton v. New York (1980) that the government must obtain a judicial warrant before entering a home

Lyons circulated the memo covertly: some agents received verbal briefings only, others could read it but not keep a copy, and agents received explicit warnings that speaking out would result in termination

The policy ran secretly from May 2025 until January 22, 2026 — eight months — before two anonymous ICE agents submitted a whistleblower complaint through Whistleblower Aid to the U.S. Senate

Sen. Richard Blumenthal sent a demand letter to DHS Secretary Kristi Noem on January 21, 2026; House Judiciary Democrats demanded rescission of the memo; and the House Homeland Security Committee held an oversight hearing on February 10, 2026

On April 2, 2026, the ACLU, ACLU of Minnesota, ACLU of DC, and Protect Democracy filed suit against DHS and ICE in Gibson v. DHS, alleging the Home Entry Memo violates the Fourth Amendment and the Administrative Procedure Act

Constitutional scholars and a federal judge concluded the policy violates the Fourth Amendment, which requires a judicial warrant — issued by a neutral magistrate with probable causeProbable CauseReasonable belief that a crime occurred or that evidence will be found in a particular location.Key ConceptProbable CauseReasonable belief that a crime occurred or that evidence will be found in a particular location.Open conceptBookmark — before the government enters a home