ICE officers can assert sweeping power to enter homes without a judge's warrant, internal memo says
Trump administration preparing to ramp up immigration enforcement in Maine
Federal immigration officers are being given the sweeping power to forcibly enter people's homes without a judge's warrant, according to an internal Immigration and Customs Enforcement (ICE) memo obtained by The Associated Press.
The directive was revealed as the Trump administration prepares to ramp up immigration enforcement in Maine, part of its expansion of immigration arrests nationwide. Thousands of officers have been deployed under a mass deportation campaign that is already reshaping enforcement tactics in cities such as Minneapolis.
For years, immigrant advocates, legal aid groups and local governments have urged people not to open their doors to immigration agents unless they are shown a warrant signed by a judge.
That guidance is rooted in Supreme Court rulings that generally prohibit law enforcement from entering a home without judicial approval. The ICE directive directly undercuts that advice at a time when arrests are accelerating under the administration's immigration crackdown.
The Associated Press obtained the memo and whistleblower complaint from an official in Congress, who shared it on condition of anonymity to discuss sensitive documents. AP verified the authenticity of the accounts in the complaint.
Memo contradicts training materials
The memo itself has not been widely shared within the agency, according to the whistleblower complaint, but its contents have been used to train new ICE officers who are being deployed into cities and towns to implement U.S. President Donald Trump's immigration crackdown.
New ICE hires and those still in training are being told to follow the memo's guidance instead of written training materials that actually contradict the memo, according to the whistleblower disclosure.
It is unclear how broadly the directive has been applied in immigration enforcement operations.
The memo, signed by the acting director of ICE, Todd Lyons, and dated May 12, 2025, says: "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 the 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 memo does not detail how that determination was made nor what its legal repercussions might be.
When asked about the memo, Homeland Security spokesperson Tricia McLaughlin said in an emailed statement to The Associated Press that everyone the department serves with an administrative warrant has already had "full due process and a final order of removal."
She said the officers issuing those warrants have also found probable cause for the person's arrest. She said the Supreme Court and Congress have "recognized the propriety of administrative warrants in cases of immigration enforcement," without elaborating.
McLaughlin did not respond to questions about whether ICE officers entered a person's home since the memo was issued relying solely on an administrative warrant and if so, how often.
ICE now targeting Maine
The Trump administration is now targeting its mass deportation campaign on Maine, a state with relatively few residents in the U.S. illegally but with a notable presence of African refugees in its largest cities.
The Department of Homeland Security named the operation "Catch of the Day," an apparent play on Maine's seafood industry.
More than 100 agents arrived in the frigid northeast state this week, one current immigration official and one former official told Reuters on condition of anonymity. The former official said the operation would focus on refugees.
Reports of a surge in immigration arrests have struck fear in immigrant communities in the cities of Portland and Lewiston and prompted backlash from Gov. Janet Mills and other Democrats, including a refusal to help immigration agents obscure the identity of their vehicles by issuing undercover licence plates.
"We have not revoked existing plates but have paused issuance of new plates. We want to be assured that Maine plates will not be used for lawless purposes," Maine Secretary of State Shenna Bellows said, adding that the decision reflects her disgust over the tactics of immigration officers elsewhere.
Citizens have formed networks to alert neighbourhoods to the presence of ICE agents and bring food to immigrants in their homes. Portland's superintendent said the school district is developing an online learning plan for its students, more than half of whom aren't white. Many businesses have posted signs saying ICE agents aren't welcome.
Portland Mayor Mark Dion said Wednesday that members of his community see immigration officers' presence in the city as "unpredictable and a threat to their families."
"While we respect the law, we challenge the need for a paramilitary approach," Dion said at a news conference where he was joined by other local officials.
"This council doesn't stand apart from our immigrant communities, we stand with them."
ICE didn't respond to a request for comment on the agency's plans for Maine, where increased enforcement began on Tuesday, according to Homeland Security.
"We have launched Operation Catch of the Day to target the worst of the worst criminal illegal aliens in the state. On the first day of operations, we arrested illegal aliens convicted of aggravated assault, false imprisonment, and endangering the welfare of a child," McLaughlin said in a statement.
A message seeking comment from U.S. Customs and Border Protection was not immediately returned.
Court lifts restrictions on ICE tactics in Minnesota
Meanwhile on Wednesday, an appeals court suspended a decision that restricts immigration officers' aggressive tactics in Minnesota.
The 8th U.S. Circuit Court of Appeals was persuaded to freeze a judge's ruling that bars officers from using tear gas and other steps against peaceful protesters while the administration pursues an appeal. Operation Metro Surge, an immigration enforcement operation in Minnesota's Twin Cities, began in early December.
An injunction ordered last week by U.S. District Judge Kate Menendez harms "officers' ability to protect themselves and the public in very dangerous circumstances," lawyers for the government argued.
Minnesota remains a major focus of immigration sweeps by agencies under Homeland Security. State and local officials who oppose the effort were served with federal grand jury subpoenas Tuesday for records that might suggest they were trying to stifle enforcement.
Mother-of-three Renee Good was fatally shot by an immigration officer in her car in Minneapolis on Jan. 7.
With files from Reuters