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Frank Figliuzzi is an FBI Assistant Director (retired); 25-year veteran Special Agent; and author of the national bestseller, The FBI Way, and Long Haul: Hunting the Highway Serial Killers. Subscribe [ [link removed] ] to his Substack.
Last week, we learned that President Trump isn’t waiting to formally announce suspension of certain widely accepted interpretations of the Constitution. He’s already quietly started.
The Associated Press [ [link removed] ] obtained an internal ICE memo authorizing its agents to forcibly enter homes to detain someone for final deportation relying only on a government form – an I-205, which allows agents to take a migrant into custody. The memo [ [link removed] ], later shared with the Washington Post [ [link removed] ], was apparently approved in May by the acting ICE director, and disclosed to U.S. senators by a nonprofit called Whistleblower Aid.
This disturbing disregard for civil liberties flies in the face of Supreme Court decisions [ [link removed] ] that have governed for decades how and when American law enforcement agencies can enter private dwellings – particularly a third-party home. But the memo also contravenes longstanding ICE and DHS policy [ [link removed] ] requiring a judicial warrant, or far more practicably, voluntary consent:
“Because neither a Warrant for Arrest of Alien (1-200) nor an administrative Warrant of Removal (1-205) authorizes you to enter the subject’s residence or anywhere else affording a reasonable expectation of privacy, you must obtain voluntary consent before entering a residence.”
– ICE Enforcement and Removal Operations, [ [link removed] ]Fugitive Operations Handbook [ [link removed] ], July 23, 2010. [ [link removed] ]
For those reasons, it’s likely that ICE officials kept the memo within a limited circle [ [link removed] ] of managers and newly-recruited agents, and away from seasoned veterans who know better.
Secret police; secret policy. But once the secret was out, DHS did not deny the memo’s existence. A statement by DHS Assistant Secretary [ [link removed] ] Tricia McLaughlin asserted that any person who is the subject of a Form I-205 has “had full due process and a final order of removal from an immigration judge.”
Even if you accept McLaughlin’s claim that an I-205 form [ [link removed] ], which is signed by an immigration officer, not a judge, constitutes due process, the fact is that this form simply authorizes agents to take a deportable migrant into custody – not to forcibly enter their or anyone else’s home. ...

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