Lawsuit Challenges ICE's Ability to Enter Homes Without Judicial Warrants

Immigrant rights advocates file lawsuit against new ICE policy allowing entry based on administrative warrants

Jan. 30, 2026 at 12:55pm

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Immigrant rights advocates have filed a lawsuit challenging a recently disclosed U.S. Immigration and Customs Enforcement (ICE) policy that allows its officers to enter the homes of people suspected of living in the United States illegally without a judicial warrant. The lawsuit argues this policy violates the Fourth Amendment's protection against unreasonable searches and seizures.

Why it matters

The lawsuit marks the first case to challenge the constitutionality of the new ICE policy, which represents a departure from past practices that generally barred ICE agents from entering private homes and businesses without a warrant signed by a federal judge. The case raises concerns about the erosion of civil liberties and due process protections as the Trump administration has ramped up immigration enforcement efforts.

The details

The lawsuit was filed in federal court in Boston by the Greater Boston Latino Network and Brazilian Worker Center. It argues that allowing ICE officers to conduct arrests in homes based solely on an administrative warrant, rather than a judicial warrant, violates the Fourth Amendment. The policy was outlined in a May 2020 memo issued by the acting head of ICE, which advised agents they could rely on administrative warrants issued by Homeland Security officials instead of judicial warrants.

  • The lawsuit was filed on January 30, 2026.
  • The ICE policy memo was issued on May 12, 2020.

The players

Greater Boston Latino Network

An immigrant rights advocacy group that filed the lawsuit.

Brazilian Worker Center

An immigrant rights advocacy group that filed the lawsuit alongside the Greater Boston Latino Network.

Todd Lyons

The acting director of ICE who issued the May 2020 memo outlining the new policy.

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What they’re saying

“The Fourth Amendment exists precisely to prevent government agents from breaking into people's homes without any judicial process or oversight.”

— Brooke Simone, Attorney for the plaintiffs at Lawyers for Civil Rights

What’s next

The lawsuit will likely face a legal challenge from the Department of Homeland Security, which has previously defended the policy by stating that those served with administrative warrants 'have had full due process and a final order of removal from an immigration judge.'

The takeaway

This case highlights the ongoing tensions between the Trump administration's aggressive immigration enforcement efforts and the constitutional protections against unreasonable searches and seizures. The outcome could have significant implications for the ability of federal immigration agents to conduct arrests in private homes without judicial oversight.