A new internal memo sharply broadens when immigration officers can detain people — redefining who is considered “likely to escape.”
Federal immigration agents have been granted significantly broader authority to arrest people without a warrant, according to an internal memo from Immigration and Customs Enforcement reviewed by The New York Times. The change comes amid rising tensions over ICE operations under the Trump administration’s immigration crackdown.
The memo alters a long-standing standard governing warrantless arrests. Instead of focusing on whether a person is unlikely to appear for future immigration hearings, agents are now instructed to consider whether someone might simply leave the scene before a warrant can be obtained.
The shift expands the power of lower-level agents to conduct broad sweeps — arresting people they encounter and suspect are undocumented immigrants — rather than carrying out targeted operations backed by judicial warrants.
The guidance was signed this week by Todd M. Lyons and distributed to all ICE personnel. It arrives as thousands of masked immigration agents have been deployed to cities nationwide, including Minneapolis, where two people were fatally shot during recent enforcement actions. A day before the memo was issued, Donald Trump said he would “de-escalate a little bit” following public backlash.
A broader definition of “likely to escape”
Federal law allows immigration officers to make warrantless arrests if they believe someone is “likely to escape” before a warrant can be obtained. For years, ICE interpreted that phrase narrowly, applying it mainly to people deemed flight risks — those unlikely to comply with future legal obligations.
Mr. Lyons’s memo rejects that interpretation as “unreasoned” and “incorrect.” Under the new guidance, a person is considered “likely to escape” if an officer believes they may not remain at the scene or at another clearly identifiable location while an administrative warrant is secured.
Former senior ICE officials said the change dramatically widens agents’ discretion. Claire Trickler-McNulty, a former senior adviser at the agency, called the new standard “an extremely broad interpretation” that could make warrants effectively optional.
“It would cover essentially anyone they want to arrest without a warrant,” she said.
More sweeps, fewer safeguards
The Trump administration has pressed ICE to increase daily arrest numbers as part of its mass deportation effort. In response, the agency has increasingly relied on large-scale sweeps — such as rounding up people seeking work in Home Depot parking lots — instead of individualized enforcement actions.
The memo allows agents to justify warrantless arrests based on factors such as whether someone appears evasive, has access to transportation, possesses documents officers suspect are fraudulent, or provides information agents cannot immediately verify. Even arrests of people who were not the original targets of an operation — labeled “collateral aliens” — can be justified under the new standard.
While agents are instructed to document their reasoning after making such arrests, critics say the requirement offers little real restraint. The memo itself acknowledges that many of the listed factors may apply to multiple people arrested at the same time.
Legal and civil rights concerns
During the first Trump administration, ICE faced a class-action lawsuit alleging illegal profiling during traffic stops used to justify warrantless arrests. A 2022 settlement under the Biden administration imposed nationwide restrictions, including a requirement that agents consider community ties such as family, employment and housing.
Mr. Lyons’s memo notes that officers often lack access to that information during encounters, arguing that on-the-spot decisions must be made with limited knowledge of a person’s background. Critics warn that this rationale all but guarantees more warrantless arrests.
“This memo bends over backwards to give agents green lights,” said Scott Shuchart, a former head of ICE policy. “It effectively allows arrests without a warrant or even a supervisor’s approval, so long as the officer can articulate almost any reason the person might leave the area.”
