Acting ICE Director Todd M. Lyons Broadens Warrantless Arrest Rules
Lyons' Jan. 28 memo broadens the definition of "likely to escape" to permit more collateral warrantless arrests, the memo filed in federal court shows.
Overview
Acting Immigration and Customs Enforcement Director Todd M. Lyons issued a Jan. 28 memo broadening the definition of "likely to escape" to permit warrantless collateral arrests, and ICE filed the memo in federal court in Minnesota, records show.
The directive allows officers to arrest non-targets encountered during operations without an administrative warrant if an officer determines the person is "unlikely to be located" once a warrant is obtained, the memo says.
Scott Shuchart, who served as ICE policy chief during the Biden administration, said the memo "bends over backwards" to enable warrantless arrests, and DHS Assistant Secretary for Public Affairs Tricia McLaughlin called it "a reminder" to document arrest details, officials said.
Lyons distributed the memo to all ICE personnel on Jan. 28, agency records show, and the release comes amid intensified protests in January 2025 after the fatal shootings of Renee Good and Alex Pretti by federal agents.
The memo requires officers to document "likelihood of escape" factors on Form I-213 after any warrantless arrest and could prompt litigation and oversight requests from civil rights groups and state officials, advocates and officials said.
Analysis
Center-leaning sources frame the memo as expanding ICE authority and prompting community alarm by juxtaposing administrative language with local backlash. They present Lyons' broadened 'likely to escape' definition alongside residents' denunciations and mention of fatal shootings — prioritizing public safety concerns and selective emphasis that casts the directive as aggressive and consequential.
Sources (3)
FAQ
The memo broadened the definition of 'likely to escape' by dismissing the previous 'unreasoned' interpretation based on flight risk in proceedings, and instead directed officers to consider factors like refusing commands, evading officers, being in a car, possessing fraudulent documents, or potential prosecution for illegal entry.
Collateral arrests are warrantless detentions of non-target immigrants encountered during operations who are suspected of immigration violations without serious criminal histories. The memo expands grounds for such arrests by broadening 'likely to escape' criteria to allow quicker action.
Officers must document the 'likelihood of escape' factors on Form I-213 after any warrantless arrest.
A 2022 settlement in Castañon Nava et al. v. DHS limiting ICE warrantless arrests in certain states remains in effect until February 2, 2026, requiring nationwide policy, documentation on Form I-213, and potential release for violations.
History
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