Rosanna Berardi, immigration counsel at Barclay Damon and managing partner at Berardi Immigration Law, was featured in the Good Morning America article “ICE Memo Allows Agents to Enter Homes Without Judicial Warrant: Whistleblower Complaint.”
The article, which includes a clip from Rosanna’s recent ABC News Live interview, explains that a whistleblower complaint alleges that a secret ICE memo issued in May 2025 authorizes agents to enter private homes using administrative warrants—rather than warrants signed by a judge—to make immigration arrests. The memo argues that the Constitution and immigration law allow ICE to rely on Form I-205 warrants when a person has a final order of removal, marking a shift from longstanding practice that generally limited arrests to public spaces.
Whistleblower Aid contends the policy violates the Fourth Amendment and DHS’s own rules, noting that administrative warrants are not issued by a “neutral and detached magistrate.” The complaint also claims the guidance is being rolled out through verbal instructions that contradict written training materials. Under the memo, agents may forcibly enter a residence after knocking and announcing if denied entry.
Rosanna warned the policy “represents a fundamental Fourth Amendment challenge and another chapter of the Trump Administration ignoring long-established legal precedence and acting like the legislative branch,” adding that its reportedly verbal implementation creates “a dangerous accountability vacuum.”
Click here to read the full article.