Can ICE Enter Your Home Without a Warrant?

Many immigrants are asking an urgent question: Can ICE come into your home without a warrant?
The short answer is usually no, but recent policy developments have created confusion. Here is what the law currently says, what ICE claims, and what individuals should know.

The General Rule Under U.S. Law

The Fourth Amendment to the U.S. Constitution protects people against unreasonable searches and seizures. As a general rule, law enforcement officers, including ICE, cannot enter a private home without consent or a warrant signed by a judge.

This protection applies regardless of immigration status.

Judicial Warrants vs Administrative Warrants

Not all warrants are the same.

• Judicial warrants are signed by a judge or magistrate. These generally allow law enforcement to enter a home if the warrant authorizes it.
• Administrative warrants are issued internally by ICE or the Department of Homeland Security. They are not signed by a judge.
  

Historically, administrative immigration warrants alone have not authorized ICE to enter a private residence without consent.

Recent ICE Policy Changes

In 2025, ICE issued internal guidance stating that officers may rely on certain administrative warrants to enter a home to arrest someone with a final order of removal.

This policy has drawn significant legal criticism. Internal agency guidance does not override the Constitution, and courts have not definitively ruled that administrative warrants alone authorize forced entry into private homes under longstanding Fourth Amendment precedent.

As a result, this issue remains legally contested, and outcomes may vary depending on the facts of each encounter.

When Can ICE Enter Without a Judicial Warrant?

ICE may be able to enter a home without a judge-signed warrant only in limited situations, such as:

• Consent: If someone inside voluntarily allows officers to enter.
• Exigent circumstances: Rare situations involving immediate danger or emergency conditions.

Absent consent or a recognized exception, judicial warrants remain the strongest legal authority for home entry.

What DeMine Immigration Advises

• You generally have the right not to open the door unless ICE presents a warrant signed by a judge.
• You may ask officers to slide the warrant under the door or hold it up to a window.
• An administrative warrant alone does not automatically require you to allow entry.
• Do not provide information or sign documents without speaking to an immigration attorney.

Because enforcement practices and legal interpretations can change, individual legal advice matters.

Why This Matters

Uncertainty around ICE authority has caused fear and misinformation. Knowing your rights can help prevent unnecessary escalation and protect your legal options.

If you or a family member has concerns about ICE enforcement or how these rules apply to your situation, speaking with an experienced immigration attorney can provide clarity and guidance.

📅 Schedule a consultation today to speak with the DeMine Immigration team and learn how we can support you and your family through your immigration journey.