A newly surfaced memo from U.S. Immigration and Customs Enforcement (ICE) is shaking up how agents handle arrests on the street. Dated late January 28, 2026, the document clarifies that officers have broad authority to skip the usual paperwork and make “warrantless arrests” if they believe a person might vanish before a judge can sign off on a warrant.
The memo, issued by Acting Director Todd M. Lyons, follows through on President Trump’s “Protecting the American People Against Invasion” executive order.
It serves as a reminder to field agents that they don’t always need a Form I-200 in hand to take someone into custody.
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While the agency still prefers warrants for “targeted” operations, the rules for “at-large” encounters—like when agents run into undocumented individuals while looking for someone else—just got a lot more flexible.
The core of the change lies in how ICE defines “likely to escape.” In the past, this was often treated the same as being a “flight risk”—a standard used for people already in the system to see if they’ll show up for court. This new guidance tosses that out. Now, “likely to escape” is an “on-the-spot” judgment call made in the heat of the moment.
If an agent thinks a person might walk away or drive off while they’re waiting for a supervisor to email a warrant, they can move straight to an arrest. The memo lists several red flags for agents to watch for:
- Being in a car or having a way to leave quickly.
- Showing “nervous” or “suspicious” behavior.
- Handing over fake IDs or refusing to answer questions.
- Having a history of “surreptitious” border crossing, which the memo says shows a “wanton disregard” for U.S. law.
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Critics of the move worry this gives officers too much leeway to make snap decisions based on vibes rather than hard evidence. However, the memo insists that agents must document every reason for the arrest on a Form I-213 “as soon as practicable” to ensure the arrest holds up in court later.
This shift signals a more aggressive “boots-on-the-ground” approach to immigration enforcement, prioritizing immediate detention over administrative delays. For those encountered by ICE in public, the window between a conversation and an arrest just got much smaller.
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