In recent days, an internal ICE document has been leaked that has set off alarms in immigrant communities across the country. The memo suggests that ICE agents could attempt to enter homes without a warrant signed by a judge, based solely on an administrative warrant.

In this article, we explain what the memo actually says, why this practice violates the Constitution, and what options you have to protect yourself and your family, even at such a delicate time.

What happened?

On Jan. 21, 2026, an internal ICE memo (dated May 2025) was leaked stating that ICE agents can enter the homes of people with final orders of removal without consent and using only an administrative warrant, not a court order signed by a judge.

Is this policy legal?

The short answer: NO

The memo cites no legal basis for this policy, and none exists.

For decades, the courts have been clear: administrative orders do NOT allow the government to enter a home or other private spaces. The home receives special protections under the Fourth Amendment of the Constitution.

Only a court order, signed by a judge, can authorize entry into a home. This is because there must be judicial control over the executive branch. ICE is part of the executive branch and cannot provide this control to itself. ICE cannot give itself permission to enter people’s homes, just as police officers cannot write their own warrants.

An ICE memo does not change the Constitution or override court decisions. All the memo does is tell us what ICE is trying to do with impunity.

What does this mean in practice?

Although it is not legal, we expect ICE agents to follow this memo and enter homes without a warrant or consent. We also know that ICE agents are armed and willing to use violence and deadly force to make arrests. This has included:

• Stun grenades (flash pots)
• Smoke bombs
• Kicking down doors
• Enter with weapons drawn

Will there be legal challenges?

It is very likely that people will sue ICE over this policy, but as of the date of this publication, no lawsuit has yet been filed.

However, even once the policy is challenged:

• A court decision may not apply to the entire country
• ICE may decide to ignore the court decision even if it says it applies nationally • Different courts in different parts of the country may decide this issue differently
• It may take significant time before there is a court decision that effectively stops ICE from using this memo

What can you do if ICE comes to your door?

OPTION 1: DO NOT GIVE CONSENT

If ICE says it has an administrative warrant and you consent to their entry, it can be difficult to challenge their entry later. But if you refuse entry, they can use force, which could include breaking your door or window and entering with their weapons drawn.

They may also file charges for resisting arrest or obstruction, depending on the circumstances.

YOU CAN SAY, “I don’t think I have legal authority to enter and I don’t consent. However, I’m opening the door because I’m afraid I’ll get hurt if I don’t.”

OPTION 2: IF YOU DECIDE TO ALLOW ENTRY

Even if you consent to entry, remember that you still have the right to:

• Remain silent when ICE asks you questions
• Refusing to sign documents
• Refusing a search
• Ask to speak to an attorney

Document the interaction

If you feel safe doing so, recording the interaction can be helpful. If possible, use a phone or app that saves the video to a cloud-based account so it doesn’t get lost if your phone is taken away.

It can serve as useful evidence in a legal proceeding and can help raise awareness and increase public pressure on ICE to stop this practice.

A Message for Our Immigrant Community

We recognize that there is no good answer here, and we are with you during this scary and terrible time. We will continue to update our materials as legal developments emerge around this ICE memo.

REMEMBER: Even if you are undocumented, you have constitutional rights. Don’t let anyone tell you otherwise. Your home deserves protection, and your dignity deserves respect.

Need legal help?

If you are facing a situation with ICE or need to prepare legally, contact an immigration attorney immediately. At Eagan Immigration, we can help you with a free case evaluation. Just call us at 202-709-6439.

The information in this article is educational and does not constitute legal advice. For specific guidance on your case, consult with an immigration attorney.

Fuente: National Immigration Project