Colorado Immigration Lawyers Warn Leaked ICE Memo Enables Illegal Arrests

Lawyers say the memo authorizes federal agents to forcibly enter homes without a judge's warrant, violating the Fourth Amendment.

Feb. 6, 2026 at 2:07pm

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Immigration lawyers in Colorado say a leaked internal U.S. Immigration and Customs Enforcement (ICE) memo could embolden federal agents to violate the Fourth Amendment's protections against unreasonable searches and seizures. The memo, obtained by The Associated Press, authorizes ICE officers to forcibly enter homes without a judge-signed warrant to conduct arrests and removals. Lawyers say this goes against longstanding Supreme Court rulings limiting law enforcement's ability to enter homes without judicial approval.

Why it matters

The leaked memo has alarmed immigration lawyers who say it could lead to increased constitutional violations by ICE agents, especially in Colorado where immigration enforcement operations have been on the rise. They argue the memo contradicts centuries of established search and seizure laws and could embolden newly-hired ICE agents with limited law enforcement backgrounds to disregard residents' rights.

The details

The internal ICE memo, dated May 12, 2025, instructs agents that they can use 'a necessary and reasonable amount of force' to enter homes based solely on administrative warrants drafted and signed by ICE officials, rather than judicial warrants. Immigration lawyers say administrative warrants generally do not grant legal permission for forced entry. The Department of Homeland Security has defended the memo, claiming those served with administrative warrants have already received due process, but lawyers argue this does not override Fourth Amendment protections.

  • The internal ICE memo was dated May 12, 2025.
  • Immigration enforcement operations have been increasing in Colorado.

The players

Karen McCarthy

Founder of Colorado immigration law firm Elevation Law.

Tim Macdonald

Legal director for the American Civil Liberties Union of Colorado.

James Percival

Department of Homeland Security General Counsel.

Renée Good

A person shot by law enforcement in Minneapolis.

Alex Pretti

A person shot by law enforcement in Minneapolis.

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What they’re saying

“We've all been reeling with what is going on around the country. Our number one goal is both to protect our clients (and) the community and, quite frankly, to hold our government accountable and make sure that our current administration follows the Constitution.”

— Karen McCarthy, Founder, Elevation Law

“ICE can't change the Constitution by fiat. They can put out a memo … but that does not make it so. It is in fact still unconstitutional and absolutely impermissible for them to do so. That has been the law for several centuries.”

— Tim Macdonald, Legal Director, ACLU of Colorado

“Under federal immigration law, officers may issue an administrative warrant, which means that the probable-cause finding is made by an executive-branch officer rather than a judicial officer. This is consistent with broad judicial recognition that illegal aliens aren't entitled to the same Fourth Amendment protections as U.S. citizens.”

— James Percival, Department of Homeland Security General Counsel

What’s next

The American Civil Liberties Union of Colorado says it will be ready to take action if it hears of ICE agents forcibly entering homes without a judicial warrant in the state.

The takeaway

This leaked ICE memo has alarmed immigration lawyers who say it could lead to increased constitutional violations by federal agents, especially in Colorado where immigration enforcement has been rising. They argue the memo contradicts centuries of established search and seizure laws and could embolden newly-hired ICE agents to disregard residents' rights.