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ICE Expands Guidance Concerning Warrantless Immigration Arrests

January 28, 2026

Status: Final/Actual, In Litigation

ICE issued guidance addressing the use of administrative immigration warrants and circumstances in which immigration officers may conduct arrests without a judicial warrant. Immigration law provides federal officers with certain warrantless arrest authority under specified conditions, but the scope and application of that authority can raise constitutional and statutory questions. The guidance has become the subject of litigation concerning when arrests may occur, what officers must establish, and what procedural protections apply to individuals taken into immigration custody.

Source / Read More: https://immpolicytracking.org/policies/ice-issues-guidance-on-arrest-warrants-and-warrantless-arrests/