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Original Date Announced
January 28, 2026Acting ICE Director Todd Lyons issued a memorandum providing guidance on warrantless arrest authority for civil violations of immigration laws. It provides that ICE officers are required to ensure that arrest warrants are issued for all targeted noncitizens prior to conducting targeted arrest operations. Where ICE officers encounter noncitizens who are not targets, they must determine whether an administrative warrant can be obtained. If not, officers must consider whether a warrantless arrest is permissible.
The memorandum provides that warrantless arrests may be made if the officer has probable cause to believe that the subject is (1) removable and (2) “likely to escape” before a warrant may be obtained. Likelihood of escape requires a determination “based on the totality of the circumstances known to the immigration officer at the time of the encounter and prior to the arrest.” The memorandum states that ICE previously, incorrectly, interpreted “likely to escape” as the equivalent of “flight risk.” However, the memorandum emphasizes that flight risk determinations are made after arrest, whereas likelihood of escape determinations require an on-the-spot analysis. Lastly, the memorandum requires officers to document relevant likelihood of escape factors “as soon as practicable” following the arrest.
The memorandum was made public through documents produced in Hussen v. Noem, No. 0:26-cv-00324 (D. Minn.).
Trump 2.0 [ID #2190]
2026.01.28 ICE - Civil Immigration Arrest Authority: Administrative Arrest Warrants and Warrantless ArrestsEffective Date
January 28, 2026Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: EnforcementAgencies Affected: ICEAssociated or Derivative Policies
- January 20, 2025 EO 14159: "Protecting the American People Against Invasion"
Documents
Trump-Era Policy Documents
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