By Robert Simels
Originally published in amNewYork on
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Robert Simels explains how a May 12, 2025 ICE memo changed immigration enforcement at the front door. The memo, signed by Acting Director Todd Lyons, authorized agents to enter homes to make immigration arrests using an administrative warrant issued within the Department of Homeland Security rather than a warrant signed by a judge. Before the memo, he writes, ICE arrests had been limited to public places because administrative warrants do not come from a neutral and detached magistrate.
Simels traces the Fourth Amendment to the founders' objection to British general warrants and writs of assistance, and the idea that a person's home is his castle. He then explains the distinction at the heart of the issue. A judicial warrant is signed by a judge or magistrate judge and can authorize entry and a search. An administrative warrant is issued by an agency official and does not authorize a search of a home. A warrant or subpoena signed by an immigration judge is not a judicial document in this sense.
The practical point is consent. Simels warns that opening the door can be treated as consent to entry, and that agents often rely on confusion between the two kinds of warrants. As a general matter, he writes, a person does not have to open the door, can ask that the document be slipped under it, and has the right to remain silent. He calls compliance with the Fourth Amendment by immigration authorities essential to preserving constitutional rights.
Read the full commentary on amNewYork
This page is a summary prepared for robertsimels.com. The full commentary was published by amNewYork and remains on amNewYork's site.
Robert Simels. Robert Simels hosts the podcast Injustice for All and serves as a consultant on criminal justice matters. He is no longer practicing law.
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