ICE moves to enter homes without judicial warrants, WSJ reports

January 22, 2026 9:50 AM EST

Investing.com -- U.S. Immigration and Customs Enforcement (ICE) is asserting new authority to enter homes without a criminal warrant signed by a judge, according to a report from the Wall Street Journal. This policy shift relies on "administrative warrants" to establish probable cause regarding a person’s immigration status, bypassing traditional judicial oversight.

Internal legal memos from the Department of Homeland Security seen by WSJ suggest that final deportation orders provide sufficient legal basis for forced entry. "People targeted under this policy have had full due process and a final order of removal from an immigration judge," DHS spokeswoman Tricia McLaughlin told The Journal.

The policy marks a departure from decades of precedent that required a judicial warrant to protect Fourth Amendment rights against unreasonable searches. A whistleblower complaint reported by the AP alleges that ICE is now training officers to follow this new guidance rather than established written protocols.

Under the second Trump administration in early 2026, the agency has significantly expanded operations amid a historic surge in federal funding and manpower. While officials have stated their focus on removing convicted criminals, the agency has faced scrutiny for detaining a growing number of individuals without any prior criminal record.

Tensions have reached a boiling point following the fatal shooting of U.S. citizen Renee Nicole Good by an ICE agent in Minneapolis. The incident has sparked nationwide protests and fueled continued accusations of racial profiling and the wrongful arrest of American citizens.

Despite the backlash, the administration views the expanded authority as a critical tool for fulfilling the president’s promise of mass deportation. The move remains legally contentious, as immigration judges are Justice Department employees rather than independent members of the judicial branch.


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