(NEW YORK) -- A U.S. Immigration and Customs Enforcement (ICE) memo issued in May authorizes agents to enter the homes of those suspected of being in the U.S. illegally with an administrative warrant -- not a warrant signed by a judge -- in order to make immigration arrests, according to a whistleblower group, which says it has shared the "secretive" memo with Congress.
Traditionally, ICE agents have needed a warrant signed by a judge in order to enter the home of someone suspected of being in the U.S. illegally. However, the guidance allegedly given by ICE in May suggests they can rely on administrative warrants, which are authored by officials within the Department of Homeland Security -- and in most cases by ICE agents.
"Although the U.S. Department of Homeland Security 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 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," the May 12, 2025, memo signed by Acting ICE Director Todd Lyons stated, according to the anonymous whistleblower complaint, which included a copy of the memo.
The group Whistleblower Aid says it represents two anonymous U.S. government officials. The whistleblower group argues the ICE memo violates the Fourth Amendment and DHS' own policy manual.
Typically, ICE arrests have been limited to public places because the administrative warrants, known as Form I-205, have not been considered a warrant issued by a "neutral and detached magistrate," the whistleblower group said in its complaint to Congress.
"Only a warrant issued by a 'neutral and detached magistrate' would authorize ICE Agents to enter or search nonpublic areas such as an alien’s residence," the group said.
"Upon information and belief, and consistent with the May 12 Memo, instructors for new ICE recruits are directed to teach that Form I-205 allows ICE agents to arrest aliens in their home - without consent to enter the residence and without judicial warrant," the whistleblower complaint stated.
In a statement, DHS Assistant Secretary for Public Affairs Tricia McLaughlin said: "Every illegal alien who DHS serves administrative warrants/I-205s have had full due process and a final order of removal from an immigration judge. The officers issuing these administrative warrants also have found probable cause. For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement."
At least one Democratic senator is already calling for an investigation.
“Every American should be terrified by this secret ICE policy authorizing its agents to kick down your door and storm into your home," Sen. Richard Blumental, D-Conn., said in a statement. "It is a legally and morally abhorrent policy that exemplifies the kinds of dangerous, disgraceful abuses America is seeing in real time. In our democracy, with vanishingly rare exceptions, the government is barred from breaking into your home without a judge giving a green light."
According to the whistleblower complaint, the May ICE memo provides this guidance to agents for using administrative warrants to enter homes: "Prior to entering a residence to conduct an administrative immigration arrest pursuant to form I-205, officers and agents must ensure the Form I-205 is properly completed and is supported by a final order of removal issued by an immigration judge, the BIA, a U.S. district court or a magistrate judge. This is essential because it establishes probable cause. Officers and agents must also have reason to believe that the subject alien resides at and is currently located at the address where the Form I-205 is to be served."
The memo says agents must "knock and announce" and state their purpose and if they are refused admittance, they are authorized to use "only a necessary and reasonable amount of force to enter the alien's residence."
The memo, according to the disclosure, was tightly held at DHS.
"The May 12 Memo has been provided to select DHS officials who are then directed to verbally brief the new policy for action," the complaint states. "Those supervisors then show the Memo to some employees, like our clients, and direct them to read the Memo and return it to the supervisor."
The agents are verbally given this training, but not in writing, the complaint said.
Rosanna Berardi, an immigration attorney, said the ICE memo "represents a fundamental Fourth Amendment challenge and another chapter of the Trump Administration ignoring long-established legal precedence and acting like the legislative branch."
She said the way the policy is being implemented is also concerning.
"Reports indicate it's being rolled out through verbal instructions that contradict written training materials, creating a dangerous accountability vacuum," Berardi told ABC News in an email.