Jan. 31, 2026

The Times reported on Friday that the memo, which was signed by US Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons, “expands the ability of lower-level ICE agents to carry out sweeps rounding up people they encounter and suspect are undocumented immigrants, rather than targeted enforcement operations in which they set out, warrant in hand, to arrest a specific person.”

In the past, agents have been granted the power to carry out warrantless arrests only in situations where they believe a suspected undocumented immigrant is a “flight risk” who is unlikely to comply with obligations such as appearing at court hearings.

However, the memo declares this standard to be “unreasoned” and “incorrect,” saying that agents should feel free to carry out arrests so long as the suspect is “unlikely to be located at the scene of the encounter or another clearly identifiable location once an administrative warrant is obtained.”