1. United States
2. Calif.
3. Letter

I am writing to urge you to take immediate action against Immigration and Customs Enforcement's unconstitutional policy authorizing forced entry into homes using only administrative warrants rather than judicial warrants signed by impartial judges. On May 12, 2025, Acting ICE Director Todd Lyons signed an internal memo directing agents to use Form I-205 to enter residences without consent. This form authorizes arrests of immigrants with final deportation orders but is signed by ICE officials, potentially even the arresting agent themselves, without any judicial review. This represents a fundamental departure from 250 years of Fourth Amendment protections requiring judicial warrants for forced home entry. According to law professor Ric Simmons of Ohio State University, this policy "essentially authorizes a violation of fundamental rights we've had as Americans since the Bill of Rights was passed" and "goes against literally 250 years of case law on what the Fourth Amendment allows." In 2024, U.S. District Court Judge Otis D. Wright ruled that ICE agents entering homes without judicial warrants "violate the Fourth Amendment." The May 2025 memo acknowledges this ruling by making an exception for the Central District of California, demonstrating ICE's awareness of the constitutional problems. This policy contradicts ICE's own 2021 training materials, which explicitly state that "A warrant of removal/deportation does NOT alone authorize a 4th Amendment search of any kind." The secretive implementation, revealed through a whistleblower complaint and verbally communicated rather than widely distributed, suggests the agency knows this practice would not withstand legal scrutiny. The consequences extend beyond undocumented immigrants. On January 18, 2025, federal agents broke down the door of ChongLy Thao's home in St. Paul, Minnesota. Thao is a naturalized U.S. citizen who was temporarily detained without being shown a judicial warrant. Newly hired ICE agents without law enforcement backgrounds are being directed to rely on these administrative forms, threatening the constitutional rights of all residents. I urge you to introduce or support legislation explicitly requiring judicial warrants for ICE home entries and to demand immediate suspension of this unconstitutional policy.