DHS’s Home Entry Memo violates the constitutional rights of immigrants and citizens alike

DHS and ICE are violating the Fourth Amendment by instructing agents to enter homes without a judicial warrant

On April 2, 2026, Protect Democracy, the ACLU, the ACLU of Minnesota, the ACLU of D.C., and Dorsey & Whitney filed suit against DHS and ICE on behalf of immigrants and U.S. citizens who have been impacted by ICE’s secret internal memo titled “Utilizing Form I-205, Warrant of Removal,” (the “Home Entry Memo”).

Background

Background

The memo, issued to all ICE personnel on May 12, 2025, authorizes ICE officers to forcibly enter and search homes based only on an administrative form (Form I-205) instead of a judicial warrant. Recognizing how unconstitutional the policy is, DHS and ICE strictly controlled access to the memo, telling individuals to review the document in the presence of a supervisor, return it and not take notes on its contents. The memo became public in late January after whistleblowers revealed it to Congress and detailed how the memo was being used to train new ICE agents.

The Fourth Amendment specifically prohibits the government from entering and searching a private residence without a warrant. A Form I-205, which DHS describes as a “warrant” in its memo, is a bureaucratic form that is drafted, signed, and issued by a DHS official, not a federal judge.

The Fourth Amendment was drafted by our Founders to protect against the general warrants used under British colonial rule, where British officers could rummage through people’s homes at will. This is part of a much larger effort by the Trump administration to use immigration enforcement as a tool to violate civil liberties enshrined in our Constitution. 

Beyond violating the Fourth Amendment, the memo also violates longstanding DHS policy making clear that a judicial warrant is required to enter a home. And procedurally, even though the memo is clearly a substantive rule that requires notice and an opportunity for public comment before it takes effect, DHS ignored this requirement and enforced the policy anyway.

The Plaintiffs are seeking to vacate and set aside the policy under the Administrative Procedures Act and a declaration that the policy is unconstitutional under the Fourth Amendment.

Plaintiffs

Plaintiffs

• Teyana Gibson Brown
• Garrison Gibson Brown

Teyana Gibson Brown is a United States citizen, and a pediatric ICU nurse in Minneapolis. Her husband, Garrison Gibson, was brought to the United States as a six year old, fleeing civil war in Liberia. Despite a 2009 order of removal, Mr. Gibson has been under an order of supervision since 2021, which allows him to remain free from detention subject to regular check-in with an ICE official. Mr. Gibson has never violated these conditions. The couple live together with their ten-year-old daughter.

Their home was raided on the morning of January 11, 2026 while Mr. Gibson, Ms. Brown, their daughter, their eleven-year-old niece, and Ms. Brown’s sister were at home. According to the complaint:

Approximately ten additional agents assembled on the
steps leading up to the Gibson Browns’ front door. All the agents were armed, some with specialized military-grade long guns. The agents stood in a line with their hands on the shoulder of the agent in front of them, a tactical formation used in close quarters combat
… One agent armed with a battering ram walked up to the front door and screamed ‘We got a warrant, hey we got a warrant!’ The agent then smashed open the door with the
battering ram.
… Teyana continued to ask the agents for a warrant, repeatedly, as the agents came into the house. One agent responded that they did not have to provide a warrant. Another responded by brandishing his Taser at Teyana. Another agent pushed Teyana to the ground as she stood by Garrison.”

Six days later, a court ordered the release of Mr. Gibson. The door to Mr. Gibson and Ms. Brown’s home was unable to close for days, and they have spent hundreds of dollars to repair the property damage caused by the illegal raid. All of the Gibsons have suffered emotionally, as well.

• Abdulkadir Sharif Abdi
• Rhoda Christenson

On December 1, 2025, there were knocks at Mr. Abdi’s front door. Once he opened the door, ICE agents rushed into his home. The agents told Mr. Abdi they had a warrant and arrested him. However, the agents never provided a warrant to Mr. Abdi. Mr. Abdi was sent to two separate facilities before he was finally sent to a county jail in Nebraska where he remained detained for eighteen days until a federal judge ordered his release. While detained, Mr. Abdi was denied a nebulizer that he needed to assist with breathing. During this time, his wife, Rhoda Christenson, experienced significant financial and emotional hardship as she was recently diagnosed with cancer and was left without her husband to care for her or contribute to their household income.

• Noe Alfredo Salguero
• Jeyli Salguero

The family home of Mr. Salguero was broken into by ICE agents right before dawn on January 14, 2026. The agents had an administrative warrant of arrest for Jose Dimas Cardoza, Jeyli’s half-brother who did not live at the Salgueros’ house. Once inside, the agents pointed their rifles at Mr. Salguero and yelled at him to put his hands in the air. Jeyli tried to film the agents searching through her house but an armed agent grabbed the phone out of her hand. Mr. Salguero was handcuffed while ICE agents searched the rest of their home. Mr. Salguero’s other daughter, Astrid, was found in her room where she was then placed in handcuffs before being marched to the living room where the rest of the family was held.

According to the complaint:

“The agents left a piece of paper that appeared to be an administrative warrant for Jose Dimas Cardoza. The paper bore no title, but stated that Jose Dimas Cardoza was subject to a final order of removal and commanded that he be taken into custody under the authority of the Secretary of Homeland Security. The paper was signed by an unknown person on behalf of Samuel J. Olson, the ICE Field Office Director for St. Paul. It was dated both October 25, 2025 and January 11, 2026. The agents took Alfredo and Astrid, and left Jeyli and her mother in the house.”

Defendants

Defendants

• Markwayne Mullin, Secretary of the Department of Homeland Security
• The Department of Homeland Security
• Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement
• U.S. Immigration and Customs Enforcement
• Benjamine Huffman, Director of Federal Law Enforcement Training Center
• Federal Law Enforcement Training Center

Case documents

Case Documents