The Department of Homeland Security (DHS) has responded to recent media reports about the use of administrative warrants by Immigration and Customs Enforcement (ICE) in arresting individuals with final orders of removal. DHS stated that these reports have misrepresented both the legal standing of administrative warrants and public opinion on immigration enforcement.
James Percival, General Counsel for DHS, addressed concerns regarding the constitutionality of administrative warrants in a Wall Street Journal op-ed. He explained that "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." Percival noted that both the Supreme Court and Congress have long recognized the legitimacy of such warrants in immigration cases.
He added, "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." Citing Abel v. U.S. (1960), Percival said there is “overwhelming historical legislative recognition of the propriety of administrative arrest for deportable aliens.” According to DHS, ICE uses these warrants only when an individual has received a final order of removal after due process before an Immigration Judge.
DHS highlighted that previous administrations required ICE to wait outside residences for individuals with final orders to leave their homes voluntarily because there was no mechanism for obtaining judicial warrants. This approach allowed some individuals to evade arrest. DHS stated, "no serious country would tolerate this clear aberration of its laws or allow its national security to be jeopardized and mocked in this manner."
The department emphasized that President Donald J. Trump’s administration, under Secretary Kristi Noem, has changed policies to align more closely with existing law: "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."
Addressing claims about public disapproval of current immigration enforcement policies, DHS cited several polls indicating support for its actions. According to a Cygnal poll:
- 73% believe entering the country illegally is breaking the law.
- 61% support deporting illegal aliens.
- 58% oppose defunding ICE.
- 54% support ICE enforcing immigration laws.
A Harvard/Harris poll found:
- 67% want state and local officials to cooperate with ICE on deporting criminal illegal aliens.
- 67% say local jails should hand over criminal illegal aliens to ICE for deportation.
Harper Polling reported high approval among supporters of President Trump:
- 92% approve of President Trump’s job performance.
- 81% approve of Secretary Noem’s job performance.
- 93% approve overall deportations.
- 87% approve Secretary Noem’s strategies and tactics.
DHS also reported increases in violence against federal law enforcement officers, including significant rises in assaults, vehicle attacks, and death threats targeting ICE personnel.
"The good guys are winning. DHS will not be stopped or slowed down in its mission to make America safe again for every community," concluded the department's statement.
