Immigration and Customs Enforcement (ICE) can now detain people without a warrant, per a recent memo. Pursuit of warrantless arrests is part of the government’s campaign of increasingly strict immigration enforcement measures. These measures have since faced challenges in the court system.

The memo states that ICE officers are federal law enforcement officers that have the right to operate within the confines of federal law. According to Section 287 of the Immigration and Nationality Act, ICE officers have the authority to arrest undocumented migrants without a judicial warrant. ICE is also using the Alien Enemies Act of 1798 to justify warrantless arrests.

Agents have the authority to enter a home if acquiring a warrant is impractical. Agents also won’t need a judge’s approval to perform a warrantless arrest. The bar for these actions is relatively low. Agents only need a reason to believe that an individual might be part of groups like Tren de Aragua, which the government designates as terrorist organizations.

The ICE memo makes it clear that individuals considered an Alien Enemy are not entitled to any form of due process under the law. ICE has faced challenges to enforce the policy from the court system. On April 7, 2025, the U.S. Supreme Court (SCOTUS) ruled the government must give detainees the opportunity to challenge their deportation before removal. Several states have also issued restraining orders against warrantless arrests of noncitizens, too.

As always, ImmigrationUSA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.