New ICE Policy Expands Agents’ Power to Detain Suspected Undocumented Immigrants Without Warrants

In recent developments, a memo from Acting ICE Director Todd Lyons has stirred significant discussion regarding immigration enforcement. Reviewed by the ABC7 I-Team, the memo outlines a two-part assessment for individuals encountered by immigration authorities during targeted arrests. The crucial questions are whether the individual is undocumented and if they are likely to escape. If an officer believes the individual might flee, they can proceed with an arrest without a warrant.

The implications of this memo are substantial, as noted by ABC7 Chief Legal Analyst Gil Soffer. He explains that this directive marks a notable shift from traditional immigration enforcement practices by lowering the threshold for making arrests. Previously, immigration officers needed to evaluate whether a person was a “flight risk,” which involved a more complex assessment of whether the person would attend future hearings after being detained and fingerprinted.

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Soffer elaborates on the distinction, highlighting that assessing a “flight risk” involves predicting long-term behavior post-arrest. In contrast, determining the “likelihood of escape” is concerned with the immediate possibility of the person fleeing the scene, such as if they have access to transportation.

This memo seems to be part of a broader initiative aimed at expanding the arrest powers of immigration agents across the nation. Further intensifying this effort, another memo from Lyons suggests that immigration authorities possess the legal right to enter homes forcibly without judicial consent.

Another memo from Lyons argues that immigration authorities have legal authority to forcibly enter homes without permission from a judge.

“This means that ICE is looking for ways to make it easier to conduct arrests of what they see as unlawful immigrants. So, if that means going into a home and effectuating arrest, and that’s what how they’ll interpret their lawful authority, and if it means taking a broader view of what they have to show in order to make a warrantless arrest, well then, they’ll do that,” said Soffer.

During the height of operation “Midway Blitz,” attorney Mark Fleming with the National Immigrant Justice Center, based in Chicago, told the ABC 7 I-Team that warrantless arrests were rampant in violation of a consent decree in place forbidding them. A federal judge ruled warrantless arrests unlawful in October.

Lawyers from the National Immigrant Justice Center are set to argue against the continued practice in federal court on Tuesday afternoon.