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ICE Warrantless Arrests 2025

The legality and scope of warrantless arrests by Immigration and Customs Enforcement (ICE) in the United States, particularly in private spaces, under 8 U.S.C. § 1357 and the Fourth Amendment.

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Jan 25, 2026
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What specific sections of the Immigration and Nationality Act authorize ICE warrantless arrests, and how have courts interpreted them?

The primary statutory source authorizing to make certain warrantless arrests in the interior of is (the INA § 287 framework), which grants “power without warrant” to interrogate and to arrest aliens i...