MINNEAPOLIS, Minn. (Diya TV) — A new internal memo gives Immigration and Customs Enforcement officers broader authority to make warrantless arrests, expanding how agents interpret when a person is “likely to escape” before a warrant can be issued.
The directive, disclosed in federal court this week, marks a major shift in ICE arrest policy. It allows officers to detain people suspected of being in the United States illegally without first securing an administrative immigration warrant in more situations. The memo has already drawn criticism from immigration advocates and local officials, especially in Minnesota, where ICE activity has surged in recent weeks.
The memo was issued on Wednesday by acting ICE Director Todd Lyons. The government filed it on Friday in a federal court case in Minnesota. The New York Times first reported its contents. Under U.S. immigration law, ICE officers usually need an administrative arrest warrant to detain someone for a civil immigration violation. Unlike criminal warrants, ICE supervisors sign these warrants, not judges.
The law, however, allows warrantless arrests if officers believe a person is in the country illegally and is “likely to escape” before a warrant can be obtained. Lyons’ memo significantly broadens how officers can make that judgment.
For years, ICE linked the idea of escape to whether someone posed a flight risk. Officers focused on whether a person would comply with immigration proceedings, such as attending court hearings. Lyons rejected that approach. He called the earlier definition “unreasoned” and “incorrect.”
In the memo, Lyons wrote that a person is “likely to escape” if officers believe they will not remain at the location where the encounter took place while a warrant is sought. That location could be the scene itself or another clearly identifiable place. This change lowers the threshold for warrantless arrests. Officers no longer need evidence that someone would evade the immigration system. They only need to believe the person will leave the immediate area.
The memo directs ICE agents to weigh several factors when deciding whether a warrantless arrest is justified. These include whether a person refuses commands or attempts to evade officers. Officers can also consider if the person is in a vehicle, which could allow quick departure.
Lyons also said agents may factor in possession of documents that appear fraudulent. Another consideration is whether the person could face prosecution for illegal entry or illegal re-entry into the United States. Together, these criteria give ICE officers greater discretion during enforcement operations. The guidance applies not only to planned targets but also to others encountered during those operations.
The memo appears designed to expand so-called collateral arrests. These arrests involve people who were not the original targets of an ICE operation but are detained after officers encounter them.
Collateral arrests often involve individuals accused only of civil immigration violations. Many have no serious criminal history. Critics argue that such arrests sweep up low-risk immigrants and spread fear in communities. ICE has long defended collateral arrests as a necessary enforcement tool. Lyons’ memo strengthens the agency’s ability to use them quickly and without warrants.
The policy shift comes as ICE faces mounting backlash in Minnesota. Federal agents have carried out an unusually large number of operations in and around Minneapolis. Local leaders and residents have described the actions as aggressive and disruptive.
Tensions escalated further after the fatal shootings of Renee Good and Alex Pretti. Both were U.S. citizens and Minneapolis residents. Federal agents shot them during separate encounters, intensifying public outrage and scrutiny of enforcement tactics. Community groups say the new memo leads to more mistaken arrests and dangerous confrontations.
Immigration lawyers say the memo may face legal challenges. They argue the expanded definition of “likely to escape” stretches the limits of existing law. Courts will likely play a key role in deciding how far ICE can go.
ICE officials have not said whether the policy will apply nationwide in the same way. The agency maintains that the memo simply clarifies existing authority.
