The ICE Deception: Be Prepared
Understand your rights and exercise them.
A memo from acting ICE Director Todd Lyons instructs agents that they no longer need a judicial warrant to enter someone’s home to make an immigration arrest. This is patently false, and it creates an incredibly dangerous precedent leading to increased ICE lawlessness and abuse. Don’t be fooled. Be prepared.
The protections of the Fourth Amendment are firmly established. "Under the Fourth Amendment, the home is a sacrosanct place that enjoys special protection from government intrusion.” – Purcell v. City of Fort Lauderdale, 753 F. Supp. 3d 1308, 1327 (S.D. Fla. 2024).
The Fourth Amendment was created to protect people from the government's unfair invasion of their homes or the taking of their belongings. It’s based on the idea that your home is your private space and should be left alone unless there’s a legitimate reason. It also protects people from unjustified arrest. Today, it shapes rules for search warrants, stop-and-frisk, safety inspections, phone tapping, and other types of government monitoring—playing a major role in both criminal law and privacy rights.
The only exception to this rule is “exigent circumstances”, meaning truly urgent situations like a medical emergency or immediate danger. Neither laziness nor lack of probable cause creates exigent circumstances.
Why Administrative Warrants Aren’t Enough
ICE has already begun implementing this memo in violation of the Fourth Amendment, recently breaking down a man’s door, terrorizing him and his family, and making a violent arrest, all without a judicial warrant. Instead, the officers had an administrative warrant, which does not cut it.
An administrative warrant:
Requires no independent finding of probable cause, and
Is not considered or signed by a judge.
These are the exact reasons such warrants are insufficient for officers to forcefully enter your home, as was recently confirmed by the Western District of Texas, noting that these warrants “do not pass probable cause muster.”
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While there is no question that the ICE memo is unlawful and just plain wrong, it is unlikely to stop ICE from following Lyon’s directive. At this point, we have already seen that the Trump Administration has no problem flagrantly breaking the law. And so this begs a bigger question: what can people do to protect themselves, their families, and their homes?
Staying Safe
We suggest the following safety guidelines in light of the recent ICE memo:
Do not open the door. Do not speak to any agents that approach your door, and try your best to make it appear as if no one is home. That means closing curtains and making sure agents cannot see inside.
If ICE agents are able to speak with you or confirm you are home, refuse entry unless officers have a judicial warrant, not simply an administrative warrant.
If ICE agents forcibly enter your home, comply with their instructions and do not try to run away. Make sure someone in your home is safely filming the incident from at least 25 feet away.
Contact an immigration lawyer. If you reside in the South, get in touch with us.
And perhaps most importantly: have a safety plan. Every individual and family should have a detailed plan and be familiar with exactly what steps to take in the event of ICE enforcement. Contact us for assistance in creating a safety plan for your home and business.
The Trump Administration may be escalating its lawless tactics, but the resistance built on community support, compassion, and true democracy is growing even faster and stronger. We must be informed, ready, and in solidarity. SOS is here to support you. Please reach out for help.
Additional Resources
Follow the money: A spreadsheet to find CBP and ICE contractors in your backyard
Red Cards / Tarjetas Rojas | Immigrant Legal Resource Center
Immigrants' Rights | American Civil Liberties Union
Hope and Action | Immigration Advocacy
RAISE: Florida Rapid Response Alliance for Immigrant Safety and Empowerment