ICYMI Video: Blumenthal Presses Trump ICE Chief on Secret ICE Policy Authorizing Federal Agents to Enter Homes Without a Judicial Warrant

[WASHINGTON, DC] - In case you missed it, U.S. Senator Richard Blumenthal (D-CT), Ranking Member of the Permanent Subcommittee on Investigations (PSI), yesterday pressed Todd Lyons, Acting Director of Immigration and Customs Enforcement (ICE), on a policy memo he wrote authorizing federal immigration agents to enter American homes without a judicial warrant in order to effectuate civil immigration arrests.

During an oversight hearing in the Senate Homeland Security and Governmental Affairs Committee, Blumenthal questioned Lyons about the memo, which was made public via a whistleblower disclosure received by Blumenthal. The policy outlined in Lyons's memo is directly contrary to longstanding legal interpretation of the Fourth Amendment.

"To bang down a door, barge into someone's home, if you are the FBI, or a local officer, you need a judicial warrant from a judicial officer, a judge, who is going to find or not, probable cause, which has a specific meaning under the law. These ICE agents are banging down doors doing the same thing without that kind of judicial warrant," Blumenthal said.

Blumenthal pushed back on Lyons's assessment of case law allowing for the use of administrative warrants under certain circumstances, "It does not abrogate the Fourth Amendment. It does not say that ICE agents or CBP agents can simply bash down doors and barge into people's homes, terrorize their children, detain and arrest people without a judicial warrant and there is nothing different about what ICE does as to compared to the FBI or the local police that would justify. The policy that they are acting under in fact is the result of a memo that you issued in May, you are familiar with it."

During the hearing, Blumenthal secured a commitment from Lyons that he would provide Blumenthal with a copy of an email transmitting the memo to ICE personnel. Following the hearing, Blumenthal sent a letter to Lyons requesting a copy of the email by Tuesday, February 17, 2026. A copy of Blumenthal's letter to Lyons is available here.

The full transcript of Blumenthal's exchange with Lyons is below. The video is available here.

U.S. Senator Richard Blumenthal (D-CT): Thanks, Mr. Chairman. Thank you all for being here today and answering our questions. I don't want to talk about new laws. I want to talk about a very old one. The Constitution of the United States specifically, the fourth amendment. This picture is of ICE Agents forcing their way into the Minneapolis home of Garrison Gibson. Banging down the door, detaining Mr. Gibson in front of his wife Teyana and their 10-year-old daughter and niece who happened to be there at the time. I don't know whether you're familiar with what happened here. It's one of many, many, many similar incidents that have happened all around the country. And it was done pursuant to what is called an administrative warrant. I'm going to hold up a copy of that warrant. Signed by an SDDO, who is I believe a member of the ICE workforce, another agent, a supervisory detention and deportation officer. Not a judge, correct?

Todd Lyons: Correct, Senator.

Blumenthal: So, in effect, this is not a warrant. It's a permission slip. It's a green light from another ICE agent to go bash down a door, smash into a home, detain and arrest someone, without a judge finding probable cause and without any sort of objective independent finding. Is that correct?

Lyons: No, sir. So, the I205 is the arrest warrant, but the I205 is based on executable final order issued by an immigration judge.

Blumenthal: And that order is from an immigration judge who is part of the executive branch. Not an independent judge. But the warrant issued is simply a permission slip. Now, let's be very clear, you were a local police officer.

Lyons: Yes, sir.

Blumenthal: To bang down a door, barge into someone's home, you are the FBI, or a local officer, you need a judicial warrant from a judicial officer, a judge, who is going to find or not, probable cause, which has a specific meaning under the law. These ICE agents are banging down doors doing the same thing without that kind of judicial warrant. What is so different about ICE that it regards itself as an exception to the Fourth Amendment and the requirement for a judicial warrant is a Fourth Amendment requirement?

Lyons: We don't, Senator. There is a case law, U.S. versus Lucas 2007, which is out of the eighth district of Minnesota which authorizes the entry in a home to catch a fugitive based on administrative warrant.

Blumenthal: I beg your pardon, sir. It does not abrogate the Fourth Amendment it does not say that ICE agents or CBP agents can simply bash down doors and barge into people's homes, terrorize their children, detain and arrest people without a judicial warrant and there is nothing different about what ICE does as to compared to the FBI or the local police that would justify. The policy that they are acting under in fact is the result of a memo that you issued in May, if you are familiar with it.

Lyons: Yes, sir.

Blumenthal: That's your signature which says in effect that they don't need judicial warrants. They can act on the basis of the 205 warrant that you've just described, which is administrative, not judicial. Why did you keep this memo secret?

Lyons: I didn't keep the memo secret, sir. It was blasted out to -

Blumenthal: We learned about it when two whistleblowers came to us and said that you were using it as a basis for the policy. It was never announced publicly. It was never released to the press or the American people. Why did you keep it secret?

Lyons: Sir, I didn't keep it a secret. If sending an email to a workforce of 30,000 people is keeping something secret, it is a bad secret.

Blumenthal: It never reached those people.

Lyons: Yes, sir, it did.

Blumenthal: Well -

Lyons: The email did send. Yes, sir. I can work with your committee or your staff to get that.

Blumenthal: Let me move to another topic. You stated on Tuesday quote "no U.S. citizen is subject to immigration enforcement and that doesn't happen. If a U.S. citizen is detained in the course of the immigration investigation, they are quickly released." I asked unanimous consent that the report that we did, the ranking member staff did entitle unchecked authority that documents 22 U.S. citizens being detained and assaulted by immigration agents as well as written statements from eight U.S. citizens who have been detained, shot at and nearly killed by ICE agents who came

U.S. Senator Rand Paul (R-KY): Without objection.

Blumenthal: Thank you. So, let's take George Retes for example. He is an army veteran, a father from California trying to go to work. He says he was tear-gassed and held for three days without charges. Is he lying?

Lyons: Senator. ICE wasn't involved in that arrest Sir.

Blumenthal: Were you mistaken when you said that no U.S. Citizen is subject to immigration enforcement?

Lyons: No, sir.

Blumenthal: Well, who's lying? You or him?

Lyons: Sir, I'm speaking for the men and women of ICE in my operation, I didn't arrest that individual sir.

Blumenthal: But the facts contradict what you said. Will you admit that you don't know for example about Aliya Rahman, a disabled woman from Minneapolis? She came to this hearing and testified before our spotlight forum, violently dragged from her car, detained without medical attention until she passed out. Is she lying or are you lying?

Lyons: No, sir, she's not lying.

Blumenthal: Well, then you were mistaken when you said no U.S citizen has been detained.

Lyons: No Sir, I said no U.S. Citizen subject to immigration law and deportation or removal, ICE does detain-

Blumenthal: Well, that is a circular argument. She wasn't subject to immigration law because she is a U.S Citizen, but she was detained and that contradicts directly as does your statement applied to Marimar Martinez who was almost killed, shot seven times by CBP agents. It is true of Dayanne Figueroa, who told us she was violently dragged from her car after dropping her son at school thrown into a van and detained. Is she lying?

Lyons: No, sir. Sir, you know I've worked personally with you on many cases, when you came to me especially in Connecticut when I was a field office director in New England. You know I'm transparent and we do not lie. So, to say that we are lying is incorrect, Sir.

Blumenthal: I asked you first whether you were mistaken when you said that no U.S citizen, I'm quoting, "is subject to immigration enforcement" enforcement. I would call that misconduct enforcement by your agent.

-30-

• Print
• Email
• Share
• Tweet

1. Immigration