DHS Sets the Record Straight on Administrative Warrants and American Public Support of President Trump’s Deportations of Illegal Aliens

WASHINGTON – The Department of Homeland Security (DHS) is debunking several of the mainstream media’s false narratives related to the use of administrative warrants to arrest illegal aliens, as well as the notion that most Americans do not support immigration enforcement. Administrative Warrants Matter for National Security In recent weeks, the media has falsely claimed that the use of administrative warrants by Immigration and Customs Enforcement (ICE) to arrest illegal aliens with a final order of removal at their homes is a violation of the Fourth Amendment. DHS General Counsel James Percival explained the constitutionality and legal precedent behind the use of such warrants to arrest illegal aliens in a recent op-ed for the Wall Street Journal. Every illegal alien who DHS serves administrative warrants (known as I-205s) has had full due process and a final order of removal from an Immigration Judge. The officers issuing these administrative warrants also have found probable cause. For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement. 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. It is also consistent with the Supreme Court’s admonition that the touchstone of the Fourth Amendment is whether the search or seizure is “reasonable,” not whether it is supported by a judicial warrant. In Abel v. U.S.(1960), the Justices recognized that there is “overwhelming historical legislative recognition of the propriety of administrative arrest for deportable aliens.” While administrative warrants may satisfy the Fourth Amendment for any arrest of an illegal alien, ICE currently uses these warrants to enter an illegal alien’s residence only when the alien has received a final order of removal from an Immigration Judge. That means the alien has already seen a judge, presented his case, received due process, and been ordered removed from the country. Aliens in this context are fugitives from justice. The U.S. Circuit Court of Appeals for the Eighth Circuit, which has jurisdiction over Minnesota, has expressly recognized that administrative warrants may be used to enter a residence to capture a fugitive. The court identified the applicable standard as “reasonableness.” Whatever expectation of privacy an alien with a final order of removal might have must be weighed against the strong interest the government has in bringing the alien back into custody to effectuate his removal. An alien with a final order of removal has a diminished reasonable expectation of privacy when federal officers arrive with a valid administrative warrant and reasonable cause to believe he is in a residence. An administrative warrant of removal can generally only be issued after an Immigration Judge, a neutral and impartial arbiter, issued a final order of removal at the conclusion of a full and fair hearing. 8 C.F.R. 241.2(a)(1). Removal proceedings provide the alien with all the necessary protections afforded under the U.S. Constitution. Although the law is clear, deep-state actors in the federal government have for decades told ICE officers that they may not enter a fugitive alien’s home even with a final order of removal and administrative warrant. Because Congress hasn’t created a mechanism to obtain a judicial warrant, this meant that under previous presidential administrations, ICE would sit outside the homes of fugitive aliens waiting for them to come outside before arresting them. Illegal aliens quickly identified this loophole. Some would openly taunt ICE officers by waving through the window or passing notes under the door. No serious country would tolerate this clear aberration of its laws or allow its national security to be jeopardized and mocked in this manner. Congress never intended the immigration laws to operate this way, and the Fourth Amendment doesn’t require it. The previous approach only perpetuated the false narrative that immigration laws are second-tier laws that may be defied without consequence. The American people gave President Donald J. Trump a mandate to restore law and order, in part by removing criminal illegal aliens from the country. Since January 2025, Secretary Kristi Noem and DHS have rooted out deep-state subversion within the federal government and realigned ICE’s approach with the law. The Constitution and federal law are on our side. Polls Show a Majority of Americans Stand with DHS Law Enforcement The media has also tried to claim that most Americans disapprove of the Trump administration’s handling of immigration. But three national polls confirm that the American people overwhelmingly support President Trump’s and Secretary Kristi Noem’s mass deportation of illegal aliens from the country. In recent weeks, the American people have witnessed an unprecedented spike in violence against law enforcement. ICE alone is facing a 1,300% increase in assaults against them, a 3,200% increase in vehicle attacks, and an 8,000% increase in death threats. Meanwhile, pro-criminal leftist politicians continue to demonize federal law enforcement and fan the flames of violence and disorder. Despite this, the latest polls show that legacy media’s lies and leftist smears about the administration and the heroes of ICE, CBP, and DHS are not working. A Cygnal poll shows that: 73% of Americans say coming here illegally is breaking the law. 61% support deporting illegal aliens. 58% oppose defunding ICE. And 54% support ICE enforcing our immigration laws. Meanwhile, a Harvard/Harris poll reveals that: 67% of Americans want state and local officials to cooperate with ICE on deporting criminal illegal aliens. And 67% say local jails should hand over criminal illegal aliens to ICE for deportation. Lastly, a new poll from Harper Polling shows that supporters of President Trump overwhelmingly back the president and Secretary Noem: 92% approve of President Trump’s job performance. 81% approve of Secretary Noem’s job performance. 93% approve of overall deportations. And 87% approve of Secretary Noem’s strategies and tactics. The good guys are winning. DHS will not be stopped or slowed down in its mission to make America safe again for every community.