The Department of Homeland Security is debunking media claims that deportation officers are violating the Constitution’s Fourth Amendment when they enter houses to arrest foreigners who have their due process and “Final Order” of deportation from federal judges.
“What the Department of Homeland Security really has proposed to the Department of Justice, is that we can get administrative warrants to enforce administrative immigration law,” under constitutional terms, Vice President JD Vance told reporters at a press conference in Minnesota.
It’s possible, I guess, that the courts will say no, and of course, if the courts say no, we would follow that law. But nobody is talking about doing immigration enforcement without a warrant. We’re talking about different types of warrants that exist in our system … I’m sure the courts will weigh in on that, but we’re never going to enter somebody’s house without some kind of a warrant.
“If an illegal alien has a final deportation order from an immigration judge and they refuse to leave, they are a fugitive from justice,” a statement from the Department of Homeland Security (DHS) said.
The statement continued:
In every case we serve an administrative [not signed by a judge] warrant, there is probable cause and the illegal alien has had full due process and a final order of removal.
Every illegal alien who DHS serves administrative warrants/I-205s have had full due process and a final order of removal from an immigration judge.
The statements are a response to a media furor over an article posted Wednesday by the Associated Press, which claimed:
[An ICE] memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities.
The change of ICE policy follows the national mandate given to President Donald Trump by the voters in November. Trump’s mandate reverses prior administrations’ pro-employer, weak-enforcement policies that set the pro-migration “advice given to immigrant communities” cited by the Associated Press.
The AP article admits, far down in the tenth paragraph:
The memo, signed by the acting director of ICE, Todd Lyons, and dated May 12, 2025, says: “Although the U.S. Department of Homeland Security (DHS) has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose.”
The memo was leaked to a Democrat politician in Congress, via a left-wing group called “Whistleblower Aid.” The group’s headline on a statement about the memo said: “WhistleblowerAid.org Clients Disclose Hidden DHS Policy That Encourages ICE Agents to Break into Homes without Warrants.”
The group’s statement said:
“No court has ever found that ICE agents have such legal authority to enter homes without a judicial warrant,” said Whistleblower Aid Senior Vice President and Special Counsel David Kligerman. “This administration’s secretive policy advocates conduct that the Supreme Court has described as ‘the chief evil against which the wording of the Fourth Amendment is directed’ – that is the warrantless physical entry of a home.’ This is precisely what the Fourth Amendment was created to prevent.”
Many Democrats quickly cited the whistleblower claim to justify opposing the routine 2027 spending legislation for ICE.
“Yeah I am not voting to give whatever ICE has become more tax payer money,” self-proclaimed moderate Sen. Ruben Gallego (D-AZ) said. “It’s no longer an immigration enforcement arm of the US government.”
Many establishment reporters enthusiastically spotlighted the AP report, even as they also ignored the huge cost of President Joe Biden’s mass migration, including crimes.
The media blowup comes as ICE officials are enforcing the nation’s migration laws by arresting many illegal migrants, including many who have been ordered home by a federal judge. At least 1 million illegals are living in the United States in violation of their final orders of deportation.
Many Democrat-sponsored street activists have organized to harass, block, and intimidate the federal police who are trying to implement many judges’ deportation orders. Pro-migration reporters and editors are working with the Democrats’ protestors to portray ICE arrests as “chaos,” implementing the PR strategy pushed by the Democratic Party’s elite donors and pro-migration politicians.
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