Schedule a Free Consultation
Categories
California Probate Estate Planning News

What California Residents Need to Know About ICE’s New Home Entry Policy and Your Constitutional Rights

What California Residents Need to Know About ICE's New Home Entry Policy and Your Constitutional Rights

260121 ICE homes jg 576033

If you’re a California resident concerned about protecting your family’s rights during immigration enforcement actions, understanding the recent changes to ICE policy is critical. An internal memo dated May 12, 2025, has raised serious questions about Fourth Amendment protections and what happens when federal agents come to your door.

What Changed? ICE Can Now Enter Homes Without Judicial Warrants

According to NBC News reporting, Immigration and Customs Enforcement issued an internal directive allowing agents to forcibly enter homes using only administrative warrants—without a judge’s signature—when pursuing individuals subject to deportation.

This represents a significant departure from past practices. While DHS claims this approach is legal, whistleblowers and constitutional experts are sounding alarms about potential Fourth Amendment violations.

How Does This Affect You and Your Family?

For California families—especially those with mixed immigration status or elderly relatives who may be targets of deportation proceedings—this policy creates urgent questions:

  • Can ICE agents break into my home without a judge’s approval?
  • What are my rights if agents show up at my door?
  • How can I protect my family members from unlawful entry?
  • What should I do if someone in my household has a final removal order?

    • Understanding Administrative vs. Judicial Warrants

    The key distinction here matters for your constitutional protections:

  • Administrative warrants (Form I-205): Issued by ICE itself, these allow agents to make arrests but have not historically authorized home entry
  • Judicial warrants: Signed by a judge or magistrate, these have traditionally been required for law enforcement to enter private residences

    • Under the new policy, ICE claims administrative warrants alone are sufficient to enter homes when pursuing individuals with final removal orders from immigration judges or federal courts.

    What the Policy Actually Says

    According to the leaked memo from ICE Acting Director Todd Lyons:

  • Agents must “knock and announce” their identity and purpose
  • They must give occupants time to comply
  • Entry should generally not occur before 6 a.m. or after 10 p.m.
  • Only “necessary and reasonable” force should be used
  • The Form I-205 is not a search warrant and should only be used for immigration arrests

    • Why Legal Experts Are Concerned

    Whistleblower Aid, representing two ICE whistleblowers who disclosed this policy to Congress, states that this directive “flies in the face of longstanding federal law enforcement training material and policies, all rooted in constitutional assessments”.

    The organization notes that previous ICE and DHS training materials specifically warned that entering residences on administrative warrants alone could violate Fourth Amendment protections.

    Senator Richard Blumenthal called the policy “legally and morally abhorrent,” noting that “in our democracy, with vanishingly rare exceptions, the government is barred from breaking into your home without a judge giving a green light”.

    The Scope of Enforcement: Who’s Being Arrested?

    The implications extend beyond immigration status. Between January 20 and October 15, 2025, ICE arrested approximately 220,000 people. Notably, around 75,000 of those arrested had no criminal records.

    This data, obtained by UC Berkeley’s Deportation Data Project through a lawsuit against ICE, suggests that enforcement actions are casting a wide net that may affect California families with no criminal involvement whatsoever.

    How Was This Policy Implemented?

    According to whistleblower disclosures, the memo was rolled out secretly despite being addressed to “All ICE Personnel”:

  • Only select DHS officials were shown the document
  • Some agents received only verbal briefings
  • Employees who viewed it were required to return it without keeping copies
  • Whistleblowers report that speaking out against the directive could result in termination

    • What California Families Should Do Now

    If you’re concerned about protecting your family’s rights and assets during this period of heightened immigration enforcement:

  • Know your rights: You have the right to refuse entry without a judicial warrant
  • Document everything: If agents arrive, record names, badge numbers, and what type of warrant they present
  • Don’t open the door: You can speak through the door and ask to see warrants slipped under it
  • Contact an attorney immediately: Have emergency legal contacts ready
  • Protect your estate: Ensure your family’s financial and healthcare decisions are documented through proper estate planning

    • Why Estate Planning Matters More Than Ever

    For California families navigating immigration uncertainties, having a comprehensive estate plan isn’t just about wealth transfer—it’s about protecting your family when you can’t be there:

  • Powers of attorney ensure someone you trust can make financial and healthcare decisions if you’re detained
  • Trusts can protect assets and ensure they pass to your children without probate delays
  • Healthcare directives guarantee your medical wishes are respected
  • Guardianship designations protect minor children if parents are separated from them

    • Get Legal Protection for Your Family Today

    At California Probate and Trust, PC, we understand that California families are facing unprecedented legal challenges. Our experienced estate planning attorneys can help you create a comprehensive protection plan that safeguards your family’s future, no matter what happens.

    We offer free consultations to discuss:

  • Emergency powers of attorney
  • Trust creation and funding
  • Healthcare directives
  • Guardianship designations
  • Asset protection strategies

    • Don’t wait until it’s too late. Schedule your free consultation today at cpt.law or call (866)-674-1130.

    Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is based on publicly available sources and may not reflect the most current legal developments. Immigration law and constitutional protections are complex and subject to change. For specific legal advice regarding your situation, please consult with a qualified attorney. California Probate and Trust, PC provides estate planning services and does not practice immigration law. This article does not create an attorney-client relationship.

    Source: NBC News – ICE Internal Document on Home Entry Policy