Fact Check: ICE can enter homes without a warrant.

Fact Check: "ICE can enter homes without a warrant."

What We Know

The claim that Immigration and Customs Enforcement (ICE) can enter homes without a warrant is rooted in recent legal interpretations and policy changes. According to reports, the Trump administration's Department of Justice (DOJ) issued a memo in March 2025 that allowed ICE agents to enter homes without a judicial warrant under the authority of the Alien Enemies Act of 1798. This act permits the president to take special actions against individuals from countries deemed hostile during times of war or invasion (New York Times, VisaVerge).

Historically, warrantless entries have occurred under specific circumstances, particularly during wartime. The application of the Alien Enemies Act in peacetime for immigration enforcement represents a significant shift in policy and raises concerns about civil liberties and the Fourth Amendment, which protects against unreasonable searches and seizures (ACLU, New York Times). Legal experts have warned that this interpretation could infringe on fundamental rights and lead to abuses of power (New York Times, VisaVerge).

Analysis

The assertion that ICE can enter homes without a warrant is partially true. The DOJ's memo indeed grants ICE broader powers to act without a warrant, but this authority is contingent on the interpretation of the Alien Enemies Act. Critics argue that this interpretation undermines constitutional protections and could lead to racial profiling and wrongful arrests (VisaVerge, Franknez).

The credibility of the sources discussing this policy varies. The New York Times and VisaVerge provide detailed accounts based on official statements and legal analyses, making them reliable sources for understanding the implications of the DOJ's memo (New York Times, VisaVerge). However, some sources, such as the ACLU, focus on the potential for abuse and the violation of civil rights, which, while important, may also reflect a more activist perspective (ACLU).

The memo's vague definitions of "alien enemies" and the criteria for warrantless entries raise significant legal and ethical questions. For instance, the memo allows ICE to act based on "reasonable belief" without a clear standard for what constitutes such a belief, which could lead to arbitrary enforcement (VisaVerge). This broad interpretation of authority is concerning, especially given the historical context of the Alien Enemies Act, which has been used in the past to justify civil rights violations (New York Times).

Conclusion

The claim that ICE can enter homes without a warrant is partially true. While recent policy changes under the Trump administration have indeed expanded ICE's authority to conduct warrantless entries under specific circumstances, this application raises serious constitutional concerns and is not universally accepted as lawful. The implications of such a policy could infringe on civil liberties, making it a contentious issue that warrants further legal scrutiny.

Fact Check: ICE can enter homes without a warrant.