ICE lawsuit: DHS sued over claims of unlawful 'home entry' policy

MINNEAPOLIS (FOX 9) - The American Civil Liberties Union (ACLU) of Minnesota and Washington, D.C., along with Protect Democracy, filed a lawsuit accusing ICE agents of violating the Fourth Amendment rights of citizens and immigrants when they forced their way into homes with an administrative form instead of a judicial warrant. 

The lawsuit also accuses the Department of Homeland Security (DHS) of deliberately hiding the policy as it trained ICE recruits to follow it until the internal memo was leaked. 

The newly-appointed DHS secretary, Markwayne Mullin, said he would require ICE agents to use judicial warrants to enter homes going forward. 

American Civil Liberties Union sues Department of Homeland Security 

Big picture view:

The lawsuit claims that ICE agents, many of whom were recruited without any prior law enforcement experience, were instructed to forcibly enter and search homes without a judicial warrant.

READ MORE: ICE in Minnesota: Use of force, home entries under legal scrutiny

Instead, according to the complaint, an internal memo called "Utilizing Form I-205, Warrant of Removal," also called the "Home Entry Memo," established a policy that allowed ICE agents to use the administrative form I-205 instead, which is signed by a DHS official, not a judge. 

The lawsuit alleges that DHS officials were aware of how "unconstitutional and unlawful" the memo was and took steps to conceal its practice from the public.

The complaint highlights the fear caused by the policy, saying, "So long as the Home Entry Memo is in effect, the Plaintiffs are at substantial risk that the Defendants will again forcibly enter their homes without a judicial warrant." 

Plaintiffs also emphasized the lasting trauma inflicted on them and their families after the raid, with some sharing lasting effects of anxiety and depression after their homes were raided.

According to congressional testimony cited in the complaint, an ICE instructor was secretly shown the memo "in secret" and was told to not discuss it or take notes on it. 

The memo was leaked in late January 2026. Exhibit A in the lawsuit cites an anonymous whistle-blower disclosure that leaked the memo, which can be viewed below:

Special Counsel at Protect Democracy Kristy Parker issued this statement: 

"This is yet another example of the executive branch trampling our most basic constitutional rights. This scenario— armed government officials rummaging through people’s homes at will without the approval of a judge— is exactly why the Fourth Amendment was created and one of the motivations for the American Revolution. The Trump administration’s forced home entry policy is another king-like power grab that is being used to target both immigrants and U.S. citizens, which is why we are asking a court to set aside the policy and declare it unconstitutional." 

Victims speak out 

What they're saying:

The lawsuit was filed on behalf of six people, who include U.S. citizens and immigrants, after their homes were raided by ICE agents who did not have a judicial warrant.

Their stated goal is to have the policy declared unconstitutional under the Fourth Amendment, overturn it and prevent it from ever being practiced again. 

Lead plaintiff Teyana Gibson Brown shared the following statement:

"Masked and heavily armed ICE agents used a battering ram to illegally break into my home, point guns at my family, arrest my husband, and put all of our lives in danger, including my 9-year-old daughter. I am bringing this case with my husband because our family now feels unsafe in our home due to the government’s illegal policy. No person or family in the United States should have to go through what we have."

READ MORE: Your rights if ICE shows up at your door

Plaintiff Jeylan Salguero shared the following statement:

"As a U.S. citizen I have always been taught that I have basic constitutional rights. Despite this, ICE broke into my home without a warrant and pointed guns at me and my family before detaining my family members. The months of anxiety and turmoil I have experienced since that day have been agonizing and I don’t want to see this happen to other families." 

Department of Homeland Security response

The other side:

FOX 9 has reached out DHS officials for a response and will update this story if one is received. 

In February, the DHS defended the use of administrative warrants for carrying out immigration enforcement and removal operations by issuing the following statements:

"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."

ImmigrationMinnesotaCrime and Public Safety