Commentary

• 2026.01.21 AP - Immigration officers assert sweeping power to enter homes without a judge’s warrant, memo says

  AP reports on the whistleblower complaint that revealed the ICE memo described in this entry as well as ICE's 2021 basic training guidance on Fourth Amendment prohibitions against searches conducted pursuant to an administrative warrant. The memo provides context to recent reports, including an incident where federal agents “ramm[ed] through the front door of the home of a Liberian man, … with a deportation order from 2023.” Documents reviewed by the AP revealed that the agents only had an administrative warrant.

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• 2026.01.22 Wall Street Journal - How the Deep State Thwarted ICE Administrative Warrants

  Jimmy Percival, DHS General Counsel, defends in the Wall Street Journal using administrative warrants to enter residences in search of undocumented immigrants. He argues that undocumented immigrants are not entitled to the same Fourth Amendment protections as U.S. citizens, citing cases that purportedly recognize the propriety of administrative arrests for "deportable aliens."

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• 2026.1.22 The Volokh Conspiracy - Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant?

  Professor Orin Kerr, an expert on Fourth Amendment law, writes that "the DHS policy [authorizing entry based on an administrative warrant] is likely wrong," noting that Supreme Court precedent has "settled the idea that a warrant requires a neutral and detached magistrate" and that "a judicial warrant is needed for entry." However, he writes that "the DHS position is not frivolous in light of" a 2021 district court decision endorsing entry on the basis of an administrative warrant that was affirmed by the Fifth Circuit on other grounds. Professor Kerr notes that "the trickier issue may be actually getting a merits ruling in light of the absence of remedies due to the Supreme Court's gradual cutting back on Bivens remedies."

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• 2026.02.02 New York Times - We Were Top Homeland Security Lawyers. You Can’t Wish Away the Fourth Amendment.

  Six former DHS general counsels published a response to Percival’s defense. They argue that the Fourth Amendment, which has long protected the “sanctity of the home,” prohibits ICE from entering homes using administrative warrants. They critique Percival’s justifications and argue that using administrative warrants for forcible entry runs counter to years of practice, precedent, and training.

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