Judiciary Democrats Demand DHS and ICE Rescind Memo Authorizing Warrantless Home Raids

Washington, D.C. (February 3, 2026)—Rep. Jamie Raskin, Ranking Member of the House Judiciary Committee; Rep. Pramila Jayapal, Ranking Member of the Subcommittee on Immigration Integrity, Security, and Enforcement; Rep. Mary Gay Scanlon, Ranking Member of the Subcommittee on the Constitution and Limited Government; and Rep. Lucy McBath, Ranking Member of the Subcommittee on Crime and Federal Government Surveillance, sent a letter to Department of Homeland Security (DHS) Secretary Kristi Noem and Acting Immigration and Customs Enforcement (ICE) Director Todd Lyons demanding that the agencies immediately rescind a memorandum authorizing federal agents to enter homes without a judicial warrant, in violation of the Fourth Amendment.

Earlier this month, whistleblowers within the agency provided Congress with a May 12, 2025, memorandum signed by Acting Director Lyons that purports to allow federal immigration enforcement officers to violate the Fourth Amendment and forcibly enter homes without review or permission from a federal judge. The memo has led to unlawful, forced home entries in Minnesota and across the country.

“ICE does not have the authority to overturn any law, let alone one of the foundational constitutional rights enshrined in the Bill of Rights. You must rescind this memo and adhere to the requirements of the Fourth Amendment by ensuring your agents obtain a judicial warrant prior to making any non-consensual entry into a private residence,” wrote the Ranking Members. 

During recent enforcement operations in Minnesota’s Twin Cities, federal agents have repeatedly forced their way into private homes without judicial warrants or consent. 

In one disturbing case, masked agents broke into the home of U.S. citizen ChongLy “Scott” Thao in St. Paul, refused to review his identification, held him at gunpoint, and removed him from his home in freezing temperatures while he was wearing only sandals and underwear. After realizing they had entered the wrong home and that Mr. Thao was a citizen with no criminal record, agents returned him and left without apology. The man ICE intended to arrest in this operation was already in prison.

In another incident, agents forcibly entered the home of Garrison Gibson, a Liberian man, without producing a warrant. A federal judge later ruled that his arrest violated his Constitutional rights and ordered his release. 

ICE’s own training materials acknowledge that warrantless home entries typically violate the Fourth Amendment and that administrative warrants do not require criminal probable cause.

DHS General Counsel Jimmy Percival has pushed unsubstantiated claims that non-citizens are not protected by the Fourth Amendment. No precedent has held or even suggested such a reading of the Fourth Amendment, and the amendment’s text specifically refers to the rights of “people” rather than “citizens.”

“The law is clear: ICE does not have the authority to overturn any legal precedent, let alone ignore one of the foundational constitutional rights enshrined in the Bill of Rights,” concluded the Ranking Members.

The Ranking Members are demanding that DHS and ICE immediately rescind the May 12 memo and ensure that agents obtain judicial warrants before entering private residences without consent.

Click here to read the letter.