Economy January 22, 2026

ICE Expands Entry Powers Into Homes Using Administrative Warrants

New policy allowing home entry without judge-approved criminal warrants triggers debate on Fourth Amendment implications

By Avery Klein
ICE Expands Entry Powers Into Homes Using Administrative Warrants

U.S. Immigration and Customs Enforcement (ICE) is implementing a policy that permits agents to enter residences without a criminal warrant authorized by a judge, instead using administrative warrants based on immigration status. This shift departs from longstanding requirements for judicial oversight in home entries, raising constitutional questions and public controversy following increased enforcement actions and recent fatal incidents.

Key Points

  • ICE now leverages administrative warrants to enter homes without judge-signed criminal warrants, altering longstanding Fourth Amendment protections.
  • The agency’s enforcement has expanded sharply since early 2026 alongside increased funding, with dozens of detainees lacking criminal records despite rhetoric focused on convicted offenders.
  • The fatal shooting of a U.S. citizen by an ICE agent has heightened public outcry, raising concerns over racial profiling and wrongful detentions.

The U.S. Immigration and Customs Enforcement (ICE) agency has adopted a policy enabling agents to enter people’s homes without obtaining a traditional criminal warrant authorized by a judge. Instead, ICE will utilize "administrative warrants" that establish probable cause related to individuals’ immigration status, circumventing judicial approval.

Documents reviewed by the Wall Street Journal reveal internal legal interpretations from the Department of Homeland Security (DHS) asserting that final removal orders issued by immigration judges provide adequate legal grounds for forced home entries. DHS spokeswoman Tricia McLaughlin stated, "People targeted under this policy have had full due process and a final order of removal from an immigration judge." This approach signals a clear break from decades of legal precedence that required judicial warrants to safeguard citizens’ Fourth Amendment rights against unreasonable searches and seizures.

A whistleblower complaint, brought to light through reporting, alleges that ICE is actively instructing officers to adhere to this new administrative warrant procedure instead of existing formal written protocols, reflecting a significant operational shift within the agency.

Since early 2026, during the Biden administration’s second term, ICE has notably expanded its enforcement activities amid increased federal funding and a rise in personnel numbers. While officials emphasize their priority on deporting convicted criminals, data indicates a growing number of detained individuals lack prior criminal records, which has intensified scrutiny of the agency’s targeting practices.

Public tensions surrounding ICE operations have escalated significantly, especially following the fatal shooting of U.S. citizen Renee Nicole Good by an ICE agent in Minneapolis. This incident ignited widespread protests across the United States and intensified accusations of racial profiling and wrongful arrests of American citizens.

Despite criticism, the administration considers the broadened authority essential to advance the president’s pledge of mass deportations. However, the legal standing of this policy remains contested because immigration judges are employees of the Justice Department and are not independent judicial branch members, potentially undermining traditional judicial safeguards.

Risks

  • Legal challenges centered on the constitutionality of administrative warrants replacing judicial warrants potentially disrupt enforcement activities.
  • Escalating public protests and national backlash might pressure policymakers to revise or retract the new home-entry procedures, impacting ICE’s operational scope.
  • Expanded detention of individuals without criminal histories could provoke political and societal division, affecting community relations and market confidence in related sectors.

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