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Amid tensions over President Trump’s immigration crackdown in Minnesota and beyond, federal agents were told this week that they have broader power to arrest people without a warrant, according to an internal Immigration and Customs Enforcement memo reviewed by The New York Times.
The change 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.
The shift comes as the administration has deployed thousands of masked immigration agents into cities nationwide. A week before the memo, it came to light that Todd M. Lyons, the acting director of the agency, had issued guidance in May saying agents could enter homes with only an administrative warrant, not a judicial one. And the day before the memo, Mr. Trump said he would “de-escalate a little bit” in Minneapolis, after agents fatally shot two people in the crackdown there.
The memo, addressed to all ICE personnel and signed on Wednesday by Mr. Lyons, centers on a federal law that empowers agents to make warrantless arrests of people they believe are undocumented immigrants, if they are “likely to escape” before an arrest warrant can be obtained.
ICE has long interpreted that standard to mean situations in which agents believe someone is a “flight risk,” and unlikely to comply with future immigration obligations like appearing for hearings, according to the memo. But Mr. Lyons criticized that construction as “unreasoned” and “incorrect,” changing the agency’s interpretation of it to instead mean situations in which agents believe someone is unlikely to remain a
The Times shared a description of the memo’s contents with several former senior ICE officials from the Biden administration. Claire Trickler-McNulty, a former senior adviser at ICE, called the new definition “an extremely broad interpretation of the term ‘escape.’” “It would cover essentially anyone they want to arrest without a warrant, making the general premise of ever getting a warrant pointless,” she added.
Mr. Lyons’s memo lists factors agents can consider when deciding whether the standard has been met, including whether someone obeys commands or tries to evade them; has access to a car or other means to leave; has identification or work authorization documents agents suspect are fraudulent; or provides “unverifiable or suspected false information.”
The memo tells agents who make warrantless arrests to fill out a form afterward that documents the factors they considered in determining that someone was “likely to escape.” That includes situations in which agents set out to arrest a particular person and then take others in the vicinity into custody. Mr. Lyons called that group “collateral aliens.”
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