A leaked ICE memo clarifies that immigration officers possess the legal authority to arrest individuals without a warrant if they have a reasonable suspicion of illegal status and believe the person may flee.
An internal memo by acting ICE Director Todd Lyons declares that agents may execute warrantless arrests of suspected illegal immigrants “likely to escape” before a warrant is secured. Lyons noted that the Immigration and Nationality Act “unequivocally authorizes an immigration officer to execute a warrantless arrest” for individuals violating admission laws or those posing a flight risk during encounters.
The agency specified that an immigrant is “likely to escape” if they cannot be easily located after the initial encounter. DHS official Tricia McLaughlin called the memo a record-keeping reminder, stating, “The Supreme Court has already vindicated us on this position.” Justice Brett Kavanaugh previously affirmed that officers may briefly detain individuals based on “reasonable suspicion” of illegal status.