ILRC: Only Fix Is to Abolish ICE, an Agency Infected with Cruelty and Lawlessness
(Washington)—Recent reports have brought to light an ICE memo wrongly permitting ICE agents, in direct violation of the Constitution, to enter private homes without warrants to unlawfully execute Trump’s cruel mass deportation agenda. This rogue agency has now created a means (through a secret memo that does not provide any citations to legal authority, as no legal authority exists for violating the Fourth Amendment) for agents–many newly hired and untrained in constitutional law–to further trample on the rights of individuals and communities. The federal government claiming it has power to burst into people’s homes and arrest them without a warrant is the embodiment of tyranny. ICE’s memo violates everything Americans have ever thought our country stands for.
The memo, first reported by The Associated Press, is more evidence that our representatives in Congress must not vote for any additional funds for ICE. In fact, they should vote to redirect the billions already granted to ICE through last year’s appropriations, to prevent them from further enabling ICE to shred our Constitution. All those funds could be spent actually serving the needs of our communities, providing housing and healthcare. To think ICE–a rogue agency whose cruelty is on full display in Minnesota, Maine, Texas and many other localities around the country–can be reformed, or merely “re-trained,” ignores what communities on the ground are facing every day. The Immigrant Legal Resource Center (ILRC) again calls for the complete abolition of ICE.
The memo directs ICE agents to carry out blatantly illegal and unconstitutional practices. Under the protections of the Fourth Amendment, ICE cannot enter a home without the person’s consent unless they have a judicial warrant. While there are some exceptions in certain circumstances, the memo is not based on these legal precedents, but instead claims that an administrative warrant, a boilerplate form written and signed by an ICE agent, is enough. This memo is not lawful and does not change the constitutional rights guaranteed to all people in the United States.
This memo was written in May 2025 and not issued publicly, indicating that ICE leadership knows its actions would be widely discredited. Nonetheless, the AP reported that newer ICE recruits, sent into the field with apparently no training on de-escalation procedures, were told they could operate under the memo’s parameters.
Communities should know the following:
- Despite this memo, nothing about your constitutional protections have changed. Even if ICE does not respect your rights, you have the right to refuse to allow law enforcement to enter your home without a judicial warrant. ICE has shown no desire to use de-escalation tactics so your safety is paramount.
- An administrative warrant does not give ICE authority to enter your home, despite what ICE is trying to assert in this newly uncovered memo.
- You should document what ICE does so you can hold them accountable.
- Make sure you have one of our Red Cards, available in nearly 60 languages. You can download them for free.
We realize ICE confrontations are scary and it’s hard to predict how agents will react. Acting in solidarity to stand up to their actions, calling out their unlawfulness, are brave acts.
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The Immigrant Legal Resource Center (ILRC) is a national nonprofit that works with immigrants, community organizations, legal professionals, and policy makers to build a democratic society that values diversity and the rights of all people. Through community education programs, legal training & technical assistance, and policy development & advocacy, the ILRC works to protect and defend the fundamental rights of immigrant families and communities. Follow us at www.ilrc.org, and @the_ILRC on X (formerly Twitter), Instagram and TikTok. Also follow us on Bluesky @the-ilrc.bsky.social, and on Facebook.