In recent days, an internal ICE document has been leaked that has raised 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, relying 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 in such a delicate time.

What happened?

On January 21, 2026, an internal ICE memo (dated May 2025) was leaked indicating that ICE agents can enter the homes of individuals with final orders of deportation without consent and using only an administrative warrant, not a judicial warrant 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 warrants 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 judicial warrant, signed by a judge, can authorize entry into a home. This is because there must be judicial oversight over the executive branch. ICE is part of the executive branch and cannot provide this oversight for 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 overturn court decisions. All the memo does is tell us what ICE is trying to get away with doing.

What does this mean in practice?

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

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

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 lawsuits have been filed yet. However, even once the policy is challenged:

• It is possible that a judicial decision may not apply to the entire country
• ICE can decide to ignore the court ruling even if it says it applies nationwide • Different courts in different parts of the country may decide this issue differently
• It may take a significant amount of time before a court ruling is issued 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 they have an administrative warrant and you consent to their entry, it can be difficult to challenge their entry later. But if you refuse entry, they may use force, which could include breaking your door or window and entering with their guns drawn. It is also possible that they will file charges for resisting arrest or obstruction, depending on the circumstances. 

YOU CAN SAY: “I don't think you have the legal authority to enter and I do not consent. However, I am opening the door because I am afraid that you will hurt me 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 with a lawyer

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 is not lost if your phone is taken. 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 to Our Immigrant Community

We recognize that there is no easy answer here, and we stand with you during this frightening and terrible time. We will continue to update our materials as legal developments surrounding this ICE memo unfold. 

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

Do you need legal help?

If you're 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 give us a call at 202-709-6439 or click here for a consultation directly with attorney Lauren Eagan.. 

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