ICE expands power to arrest people without warrants

ICE can now arrest virtually anyone without a warrant, according to a new internal memo that redefines what "likely to escape" means. The phrase used to mean someone unlikely to show up for immigration hearings. Now it means anyone unlikely to remain at the scene of the encounter, according to The New York Times.

"It would cover essentially anyone they want to arrest without a warrant, making the general premise of ever getting a warrant pointless," Claire Trickler-McNulty, a former senior ICE adviser under Biden, told the Times. She called the new definition "an extremely broad interpretation of the term 'escape.'"

The memo, signed by acting ICE director Todd M. Lyons, explicitly describes this as a change from previous policy. "An alien is 'likely to escape' if an immigration officer determines he or she is unlikely to be located at the scene of the encounter or another clearly identifiable location once an administrative warrant is obtained," Lyons wrote.

A DHS spokeswoman claimed "this is not new" and called it "simply a reminder to officers" — a characterization the memo's own language contradicts. The memo lists factors agents can consider when deciding whether to arrest, including whether someone obeys commands, has access to a car, or provides "unverifiable or suspected false information."

Previously:
• ICE's administrative warrants have no legal authority over U.S. citizens
• ICE attacked and detained four US citizens in Illinois
• ICE deported 70 US citizens, triples budget to $28.7B