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Index/Topics/ICE Arrest Powers

ICE Arrest Powers

The powers of federal immigration officers, specifically ICE, to use consensual encounters, ruses, and warrantless arrests, and the limits and oversight of these powers.

Fact-Checks

4 results
Jan 11, 2026
Most Viewed

Does ice have the authority to arrest people for disobeying a command

ICE does have legal powers to arrest people, and those powers can extend to someone who disobeys an officer’s lawful command if that disobedience amounts to a criminal offense—for example resisting, o...

Jan 14, 2026
Most Viewed

What legal limits exist on ICE's use of ruses, consensual encounters, and warrantless arrests?

Federal immigration officers can and do use consensual encounters, ruses and warrantless arrests, but those powers are bounded by a mix of statutory text, Fourth Amendment limits, agency policy and ag...

Jan 13, 2026

Which federal statutes and regulations define the arrest and search powers of ICE special agents and ERO officers?

Federal arrest and search powers for ICE officers flow primarily from the Immigration and Nationality Act (INA) as codified at 8 U.S.C. §1357 (often cited as INA §287) and from DHS regulations that im...

Jan 8, 2026

Can ICE detain undocumented immigrants without a warrant or probable cause?

Yes—federal immigration law and agency practice allow ICE to detain or arrest noncitizens in many circumstances without a judicial criminal warrant, but those warrantless arrests must still meet statu...

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