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By Billal Rahman
Immigration Reporter
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A Democratic lawmaker has proposed legislation that would bar federal immigration agents from entering a home without a judicially issued warrant.
Congressman Vicente Gonzalez, a Texas Democrat, introduced the Say No to Warrantless Searches Act in the House of Representatives on March 16, 2026.
The bill would require federal law enforcement officers engaged in immigration enforcement, including agencies such as Immigration and Customs Enforcement (ICE) and the U.S. Border Patrol, to obtain a judicial warrant signed by a judge before entering private property, even in immigration cases.
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Newsweek has contacted ICE for comment via email outside of office hours.
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Why It Matters
An internal ICE memo shows that federal agents are being authorized to enter homes and make arrests using administrative warrants issued within the Department of Homeland Security, rather than judicial warrants signed by a judge. The memo instructs officers to knock and identify themselves first, but allows the use of a "reasonable amount of force" to gain entry if refused. Legal experts and immigrant advocates have cautioned residents not to allow agents inside without a judge-signed warrant, citing Supreme Court rulings that generally prohibit warrantless home entries. Critics argue that ICE’s practice of conducting warrantless arrests and forcibly entering homes raises civil liberties concerns, particularly as federal immigration enforcement policies expand under the administration's aggressive mass deportation policy.
What To Know
The memo, dated May 12, 2025, and signed by Acting ICE Director Todd Lyons, says that immigration law and the Constitution do not prohibit officers from using administrative warrants to enter homes and arrest individuals with final removal orders. It says such entries may occur between 6 a.m. and 10 p.m. and directs agents to give occupants a "reasonable opportunity to comply with the law" before using force.
Gonzalez cited recent incidents in Texas, Minnesota and elsewhere in which federal agents allegedly entered homes using only administrative warrants.
"Warrantless immigration raids on private properties are setting a dangerous, unconstitutional precedent in this country—not just for immigrant families, but for every American family," Congressman Gonzalez said in a press release.
A family in Donna, Texas, has filed a lawsuit against the Department of Homeland Security and ICE, alleging that federal officers climbed over their fence, entered the home, and arrested two parents. According to the complaint, the parents were in the process of securing lawful status to live and work permanently in the United States when the arrests occurred.
In St. Paul, Minnesota, federal immigration agents forced open the front door of a residence and detained a man at gunpoint without a judicial warrant, according to the AP.
The man, who identified himself as ChongLy "Scott" Thao, said his daughter-in-law woke him from a nap and alerted him that immigration agents were at the door, and he instructed her not to open it, AP reported.
Masked agents then entered the home, pointed guns at the occupants, and removed him from the residence.
What People Are Saying
Congressman Gonzalez said in a statement: "Codifying the Fourth Amendment gives power back to the people and disallows the current President, or future Administrations, from undermining the values this nation was founded on. I refuse to let South Texans live in fear because rogue immigration operations are indiscriminately targeting our communities. Congress must immediately pass my bill and begin restoring our role as a check on the Executive branch."
Orin Kerr, a law professor at Stanford Law School, wrote on X: "This DHS memorandum says that the DHS General Counsel's office has adopted a new position that the Fourth Amendment allows entry into the home to make an arrest just based on an administrative warrant. I would like to see that argument."
What Happens Next
The Say No to Warrantless Searches Act has been introduced but has not advanced out of committee, and its prospects remain uncertain under a GOP-controlled Congress.
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