DHS says federal immigration law allows administrative warrants with executive-branch probable-cause findings

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Evidence from credible sources supports the statement as accurate. Learn more in Methodology.

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Relevant statutes, regulations (e.g., 8 C.F.R. 241.2), and case law confirm that administrative warrants may be issued with a probable-cause finding by an executive-branch officer.

Source summary

The Department of Homeland Security issued a statement arguing that the use of administrative warrants (I-205s) by ICE to arrest noncitizens with final orders of removal is constitutional and supported by decades of court precedent and federal regulation. DHS said ICE enters residences with administrative warrants only after an immigration judge issues a final removal order and cited Abel v. U.S., Eighth Circuit guidance, and 8 C.F.R. 241.2(a)(1). The statement also presented results from three polls—Cygnal, Harvard/Harris, and Harper Polling—that DHS says show majority public support for deportations and cooperation with ICE.

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Latest fact check

Federal immigration regulations (8 C.F.R. §§241.2 and 287.5) authorize DHS/immigration officers to issue and execute Form I-205 “Warrants of Removal,” and list numerous executive-branch DHS officials who may issue them. U.S. Supreme Court precedent (Abel v. United States, 362 U.S. 217 (1960); Carlson v. Landon, 342 U.S. 524 (1952)) has recognized the historical propriety of administrative arrests/warrants in immigration contexts and treated the Fourth Amendment inquiry as “reasonableness” rather than requiring a judicial finding of probable cause. Together, these regulatory and judicial authorities support DHS’s stated legal interpretation that administrative warrants may be issued based on an executive-branch probable-cause finding rather than by a judicial officer. Verdict: True — the statement accurately describes current federal regulatory practice and controlling Supreme Court precedent recognizing administrative warrants for immigration arrests.

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Timeline

Update · Feb 05, 2026, 05:55 AMTrue
Federal immigration regulations (8 C.F.R. §§241.2 and 287.5) authorize DHS/immigration officers to issue and execute Form I-205 “Warrants of Removal,” and list numerous executive-branch DHS officials who may issue them. U.S. Supreme Court precedent (Abel v. United States, 362 U.S. 217 (1960); Carlson v. Landon, 342 U.S. 524 (1952)) has recognized the historical propriety of administrative arrests/warrants in immigration contexts and treated the Fourth Amendment inquiry as “reasonableness” rather than requiring a judicial finding of probable cause. Together, these regulatory and judicial authorities support DHS’s stated legal interpretation that administrative warrants may be issued based on an executive-branch probable-cause finding rather than by a judicial officer. Verdict: True — the statement accurately describes current federal regulatory practice and controlling Supreme Court precedent recognizing administrative warrants for immigration arrests.
Original article · Feb 04, 2026
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