Over the past several days, many immigrants and their families have contacted our office with fear and confusion about alarming news reports: an internal ICE memo reportedly instructs immigration officers that they may enter private homes without a judge‑signed warrant in certain situations.
If you are undocumented, in removal proceedings, or living with someone who is, this news can feel terrifying. The purpose of this article is to explain what this memo actually says, what it does not change, and—most importantly—what you can do to protect yourself and your family.
This blog is written for immigrants, not lawyers. My goal is clarity, calm, and practical guidance.
What Is the ICE Memo Everyone Is Talking About?
According to credible reporting by the Associated Press, Washington Post, PBS NewsHour, and other major outlets, ICE leadership circulated an internal memorandum instructing agents that they may enter a private residence using an administrative immigration warrant—even if that warrant was not signed by a judge.
An administrative warrant (often a Form I‑200 or I‑205) is issued by the Department of Homeland Security itself. It is not the same thing as a judicial warrant signed by a federal judge or magistrate.
The memo reportedly tells ICE officers that:
- They may knock, identify themselves, and request entry
- If entry is refused, they may still enter using what the memo calls “necessary and reasonable” force
- Officers may rely solely on an ICE administrative warrant, not a court order
This represents a major shift in internal enforcement guidance and has raised serious constitutional concerns.
Is This Legal?
Many legal experts—including civil rights organizations and constitutional scholars—say this policy directly conflicts with the Fourth Amendment, which protects people in the United States from unreasonable searches and seizures.
For decades, the law has been clear:
ICE cannot enter your home without either your consent or a judge‑signed warrant, unless there are true emergency circumstances.
An administrative warrant does not authorize a home search under longstanding Supreme Court precedent.
The memo does not change the Constitution.
It does, however, increase the risk that ICE agents may attempt to enter homes and pressure residents into allowing entry.
What Should You Do If ICE Comes to Your Home?
This is the most important section of this article.
1. Do NOT Open the Door
You are not required to open your door to ICE.
ICE agents may knock loudly or say they “just want to talk.” You still have the right to remain inside and silent.
2. Ask for a Judicial Warrant
You may ask them to slide the warrant under the door or hold it up to a window.
A valid judicial warrant must:
- Be signed by a judge or magistrate
- Include your correct name and address
If the document says “Department of Homeland Security” and not a court, it is not a judicial warrant.
3. You Do Not Have to Give Consent
If you open the door or step outside, ICE may argue that you gave consent. Be very careful.
You can say clearly:
“I do not consent to entry. I choose to remain silent. I want to speak to my lawyer.”
4. Remain Silent
You do not have to answer questions about:
- Your immigration status
- Where you were born
- How you entered the U.S.
Silence cannot be used against you.
5. Call Your Immigration Lawyer Immediately
Yes—call your lawyer immediately.
If ICE is at your door, timing matters. A lawyer may:
- Intervene quickly
- Document constitutional violations
- Advise family members what to do
- Prepare emergency filings if needed
If you do not yet have a lawyer, this is a strong sign that you should get one.
What If ICE Enters Anyway?
Unfortunately, the memo increases the risk of forced entry. If ICE agents break down the door or enter your home forcefully, your safety comes first.
If this happens:
- Do not physically resist or interfere
- Do not run
- Clearly and calmly say: “I do not consent to this entry.”
- Say: “I choose to remain silent. I want to speak to my lawyer.”
- Do not sign anything without legal advice
Who Should You Call If ICE Enters Forcefully?
- Call your immigration lawyer immediately
This is the most important call you can make. A lawyer can:
- Document potential constitutional violations
- Advise family members in real time
- Take emergency legal action if appropriate
- Preserve evidence that may help your case later
- Call a trusted family member or emergency contact
Let someone know what is happening. They may be able to help coordinate childcare, locate documents, or contact legal help on your behalf.
- If possible, document what happens
If it can be done safely:
- Note names and badge numbers
- Remember the time and manner of entry
- Observe whether agents showed a judge‑signed warrant
Do not argue with agents about the law at the scene. That fight happens later, in court, with a lawyer.
Any forced or unlawful entry may later become critical evidence in your defense.
Does This Apply Only to Undocumented Immigrants?
No.
ICE enforcement actions can affect:
- Lawful permanent residents
- Asylum seekers
- People with pending cases
- Mixed‑status families
- U.S. citizen children
Everyone living in the U.S. has constitutional rights inside their home.
Why This Memo Is So Concerning
This policy:
- Encourages aggressive home enforcement
- Relies on warrants not approved by judges
- Creates fear in immigrant communities
- Risks unconstitutional searches
Courts—not agencies—decide when the government may enter your home.
What You Can Do Right Now to Protect Yourself
- Create a family plan in case ICE comes
- Keep your lawyer’s number saved and written down
- Do not sign documents without legal advice
- Know your rights—and teach them to your family
Preparation saves lives and families.
How an Immigration Lawyer Can Help You Right Now
If this memo has made you anxious, you are not alone. Moments like this are exactly why having an experienced immigration attorney before an emergency happens can make all the difference.
At Landerholm Immigration, we help clients:
- Understand their rights before ICE contact occurs
- Create an emergency family and legal plan
- Prepare defenses in advance
- Respond immediately if ICE shows up at their home
- Document and challenge unlawful or unconstitutional actions
If ICE comes to your door, you should not be figuring things out in real time. You should already have a lawyer who knows your case and can act fast. Call us today for a confidential consultation and immediate guidance — your rights and safety are our priority.
If you or a loved one are undocumented, in removal proceedings, or worried about enforcement actions, speaking with an immigration attorney now can protect your future.
Final Thoughts
Fear is understandable—but knowledge is power.
ICE memos do not override the Constitution. Your rights still matter. The best defense is preparation, calm decision‑making, and immediate access to legal counsel.
If you or a loved one are concerned about ICE enforcement or want to create a legal safety plan, speak with an experienced immigration attorney as soon as possible.
Otis Landerholm is an immigration attorney and the founder of Landerholm Immigration, A.P.C., dedicated to protecting immigrant families and defending constitutional rights.
You can also watch our video on the matter: ICE breaking into homes without warrants!