ICE says its officers can forcibly enter homes during immigration operations without a judicial warrant: 2025 memo

https://www.nbcnews.com/news/us-news/ice-policy-officers-enter-homes-immigration-without-judicial-warrant-rcna255305

49 Comments

  1. brain_overclocked on

    Alt Headline: *ICE decides US Constitution doesn’t exist*

    The average person has the power to inform their neighbors and local communities of their rights. Consider being one of them. Look out for each other.

    EDIT: [The Feds Keep Prosecuting Protesters Against ICE — and Losing | The Trump administration is on a losing streak against some of its loudest critics, as federal cases targeting opponents of aggressive immigration enforcement fall apart in courts nationwide.](https://theintercept.com/2025/12/31/trump-ice-protests-tow-truck-los-angeles/)

    >In the span of a week, prosecutors failed to bring convictions in two high-profile cases in Los Angeles federal court. In the first, a jury acquitted Bobby Nuñez, a tow-truck driver who hooked an ICE vehicle and was charged with stealing government property. In the second, a judge dismissed the case against Carlitos Ricardo Parias, a TikToker who was facing assault and property damage charges after a confrontation with Immigration and Customs Enforcement agents, due to concerns that officials had violated his civil rights. (In the October 21 confrontation, an ICE agent shot him.)

    >“These arrests are a form of retaliation by the government,” said Matthew Borden, an attorney representing protesters, journalists, and legal observers in a lawsuit against Department of Homeland Security Secretary Kristi Noem stemming from protests in Southern California over the past year. “When you have a real judge and a real jury looking at the evidence, it just falls apart.”

    In higher-profile confrontations between protesters and federal agents amid aggressive immigration enforcement actions in blue cities like Los Angeles, Chicago, and Washington D.C., federal officials have called defendants like Parias and Martinez “domestic terrorists” while seeking lesser charges.

    >Time and again, their cases have fallen apart.

    Overall numbers for federal arrests of anti-ICE protesters were not immediately available, but the number of high-profile dismissals and acquittals of protesters in recent weeks stands in stark contrast to the usual win rate.

  2. Just a question of time before these clowns kick the wrong door in and this kettle boils over

  3. Two years ago, these same people pushing this new policy would have said that this is why the second amendment exists.

  4. Can’t wait for SCOTUS’s originalist interpretation of how the fourth amendment can interpreted to allow this.

  5. The only message to take away here is that these thugs will not treat you according to our laws. They will break down your door without due process.

    In turn, this means they WILL NOT FOLLOW THE LAW. They will arrest you without due process; they will hold you without any hearing; they will sentence you to hard labor without due process; they will torture you without due process; they will deport you without due process; they will fucking kill you without due process.

    We all have the duty to take action and defend our rights when the door gets broken down without due process.

    “And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?… The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin’s thirst, the cursed machine would have ground to a halt! If…if…We didn’t love freedom enough. And even more – we had no awareness of the real situation…. We purely and simply deserved everything that happened afterward.”

    Aleksandr I. Solzhenitsyn , The Gulag Archipelago 1918–1956

  6. So to round it up what they are saying is that masked, anonymous agents of the government can break down your door and take you away based on nothing more than their own determination that you did something wrong.

    Sure is strange how those conservatives who spent years complaining about fake government tyranny have so little to say when it comes to real government tyranny. 

    Conservatives and libertarians – this is exactly the thing you said you needed guns to fight against. Any update on when that starts?

  7. Cameherejust4this on

    We’re going to see bullets forcibly entering ICE officers if they start indiscriminately breaking into people’s homes.

  8. Fluffle-Potato on

    From the article:

    >The internal ICE memo says ICE agents are allowed to forcibly enter a person’s home using an administrative warrant if final orders of removal have been issued by immigration judges, the Board of Immigration Appeals, or U.S. district or magistrate judges.

    >Although the U.S. Department of Homeland Security (DHS) 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 DHS stated that immigrants in the country illegally who are served administrative deportation warrants (also known as Form I-205’s) have had full due process and a final order of removal from an immigration judge. In addition, 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.

    >The memo also stresses to personnel the restrictions of Form I-205. The memo states that Form I-205 is not a search warrant and that it “should only be used to enter the residence of the subject alien to conduct an immigration arrest.” It also says that officers and agents must give the people inside time to comply with the order, and they generally should not enter a residence before 6 a.m. or after 10 p.m., and that they “should only use a necessary and reasonable amount of force” to enter a home.

    >ICE officers have arrested roughly 220,000 people in the nine months from Jan. 20, when Trump returned to office, to Oct. 15. Around 145,000 of them have been people with criminal records, according to figures shared by the University of California, Berkeley.

  9. Skirtsteakforlife on

    If they catch you, you’ll be deported to El Salvador before you even have a chance to argue they illegally entered your home.

  10. PracticalChipmunk789 on

    The Supreme Court has already ruled that the Fourth Amendment protects people from unreasonable searches and seizures by the government, stating that the right to security in one’s “persons, houses, papers, and effects” shall not be violated, and requires warrants to be based on probable cause.

    There is no presidential or other order that overrides the Supreme Court or The Constitution.

  11. CautiousHashtag on

    Imagine if Biden or Obama had their own Gestapo that shit on the Constitution and killed US citizens.

  12. Uh, no they can’t. Memos aren’t laws. And any law that said they could would be blatantly unconstitutional anyway

  13. Western-Corner-431 on

    No they can’t. They can’t make illegal actions official policy. Castle doctrine

  14. Republicans are truly working hard to end the constitution as law. Judge Roberts must be so proud to be the Supreme court Justice who will forever be in the world history books as being responsible for the end of USA as a constitutional Republic.

  15. That’s risky on their part. Did they forget they’re in America where over 40% of homes have firearms?

  16. Karma_Doesnt_Matter on

    I live in a stand your ground state and believe in the 2nd amendment. Come at me fascists.

  17. Big-Industry4237 on

    Yes they also say it’s illegal to film them and drive behind them on public roads. You can say whatever but a judge will never rule in favor of this . Completely unconstitutional

  18. mrbigglessworth on

    Explain to me like I’m a dumb Maga voter. How does a piece of paper that’s classified as a memo override the fourth amendment?

  19. In my life, I’ve never seen any single group of people or government departments threaten and attack our Democracy in such a dangerous way. This isn’t just the normal spying on Americans shit, or censorship by regulation, this is a government sanctioned group with no meaningful oversight, complete immunity and a deep budget that has been greenlit to attack ANY (let it sink in: ANY) American for any reason they FEEL. Because that’s what they’ve been doing, just mostly in streets.

    Never mind if they get the wrong home (as they have), never mind if they have no evidence, never mind if they imagine your on their list because you simply showed up at a protest. They can bust down your door and terrorize you. And they will.

    I believe this is a new threshold of real tyranny we’ve never seen or crossed before. We face real attack by this government in our homes.

  20. Open_Mortgage_4645 on

    ICE policy doesn’t supercede the Constitution. They can proclaim themselves exempt from the Fourth, Fifth, and Fourteenth Amendments, but it doesn’t make it so.

  21. Th3FinalStarman on

    Thank You, NBC for publishing the stupidest fucking sanewashed headline I’ll read today. How about just saying “2025 ICE Memo Violates Constitutional Protections”, is that so hard?

  22. So ice is in their FAFO mode. I have a right to defend my home from unwanted guests by use of force as well

  23. Either everyone has rights or nobody does. What we’re seeing here is third world dictator shit. If they can ignore the constitution whenever they please without consequences then this country is lost. This needs to be repeated.

    First they came for the Communists

    And I did not speak out

    Because I was not a Communist

    Then they came for the Socialists

    And I did not speak out

    Because I was not a Socialist

    Then they came for the trade unionists

    And I did not speak out

    Because I was not a trade unionist

    Then they came for the Jews

    And I did not speak out

    Because I was not a Jew

    Then they came for me

    And there was no one left

    To speak out for me

  24. Violent_Mud_Butt on

    Just a reminder that the second amendment is a good bastion against government tyranny.