ICE Claims Broad Power to Carry Out Warrantless Arrests in Leaked DHS Memo
Saturday, January 31, 2026
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A leaked DHS memo reveals ICE's brazen attempt to expand its authority, allowing agents to carry out warrantless arrests, a move that experts say blatantly violates Fourth Amendment protections.
The memo's legal claims have been widely condemned by experts, who argue that ICE's actions would constitute unreasonable searches and seizures, undermining the fundamental rights of individuals.
According to the memo, ICE agents would be empowered to arrest individuals without a warrant, even if they are not a priority for deportation, a drastic expansion of the agency's authority.
"This is a gross overreach of power," said Sirine Shebaya, a senior attorney at the National Immigration Project, highlighting the memo's assault on due process and civil liberties.
The memo's provisions would disproportionately affect marginalized communities, including people of color and immigrant populations, who are already vulnerable to ICE's aggressive tactics.
ICE's power grab is part of a broader pattern of authoritarianism and xenophobia under the current administration, which has consistently sought to dismantle protections for immigrant communities.
The leak has sparked widespread outrage, with advocates and lawmakers calling for immediate action to reign in ICE's abuses and protect the rights of vulnerable populations.