An ICE whistleblower just revealed a secret memo authorizing ICE officers to break into homes without a judicial warrant, which DHS's own legal training materials say is unconstitutional! ICE then hid the memo from the public, passing it along by word of mouth.
[AP News]
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This afternoon, Rebecca Santana of the Associated Press reported that ICE has been breaking into homes under the authority provided by a secret memo of May 12, 2025, signed by the acting director of ICE, Todd Lyons, saying that federal agents do not need a judge’s warrant to force their way into people’s homes.
The Fourth Amendment to the Constitution, one of the ten amendments that make up the Bill of Rights, says: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
As Joyce White Vance of Civil Discourse notes, courts have always interpreted that amendment to mean that a judge must sign a warrant to allow law enforcement to break into a home. Now the Department of Homeland Security says it does not need such a judicial warrant, but can simply use an administrative warrant signed by an official at the Department of Homeland Security (DHS) or ICE if immigrants believed to be inside a home have a final order of removal.
The legal training manual for DHS itself quotes a 1984 Supreme Court decision that “the ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.”
Immigration law specialist Aaron Reichlin-Melnick noted that this memo is a big deal: it is “the federal government conspiring in secret to subvert the Fourth Amendment.”
Two ICE whistleblowers provided the memo to Senator Richard Blumenthal (D-CT), explaining that they were shown the memo. They suggested that ICE supervisors seemed to understand the order was unlawful, as the supervisors only told agents about the memo rather than sharing a hard copy with them, and that at least one long-time employee resigned rather than be forced to teach material they thought was illegal.
Blumenthal wrote a scathing letter to Secretary of Homeland Security Kristi Noem and ICE acting director Lyons noting that the “new policy is based on a secret legal interpretation and is directly contrary to Fourth Amendment law and agency practice.” He demanded to know how many DHS agents had been trained on the memo and where the training had taken place, how many homes had been broken into under the terms of the memo, the legal determination for the memo, and so on.
“Every American should be terrified by this secret ICE policy authorizing its agents to kick down your door & storm into your home,” Blumenthal wrote on social media. “It is an unlawful & morally repugnant 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 approval from a real judge. Government agents have no right to ransack your bedroom or terrorize your kids on a whim or personal desire.”
“I am deeply grateful to brave whistleblowers who have come forward & put the rights of their fellow Americans first,” Blumenthal wrote. “My Republican colleagues who claim to value personal rights against government overreach now have an opportunity & obligation to prove that rhetoric is real.”
Senator Ruben Gallego (D-AZ), who at the beginning of 2025 was considered a moderate on immigration, wrote: “Yeah I am not voting to give whatever ICE has become more taxpayer money. It’s no longer an immigration enforcement arm of the US government.”
Now ICE has landed in Portland and in Lewiston-Auburn, Maine, where it claims to have 1,400 targets for arrest.
LETTERS FROM AN AMERICAN
HEATHER COX RICHARDSON