ICE expands warrantless arrest powers under controversial new U.S. policy

A new policy change in the U.S. has given ICE agents wider powers to arrest people without warrants. The updated guidelines, announced on 27 January 2026, redefine what it means for someone to be 'likely to escape'. This shift could lead to more frequent arrests as part of ongoing immigration enforcement efforts.

German Interior Minister Nancy Faeser had previously flagged similar discussions within the Innenministerkonferenz (IMK), but the U.S. policy now sets a broader precedent for warrantless detentions.

The revised memo allows ICE agents to make warrantless arrests even when targeting one individual but encountering others nearby. Agents can now detain people they suspect of being undocumented, even if those individuals were not the original focus of the operation.

Under the new rules, 'likely to escape' no longer requires proof that someone will flee. Instead, it applies to anyone agents believe may not stay at the scene. Factors like obedience to commands, access to transport, or suspected fake documents can justify an arrest.

Agents must now record their reasoning for each warrantless detention. However, the memo acknowledges that officers often have limited details about those they stop. This change also lets lower-ranking agents conduct wider sweeps, increasing the number of possible arrests.

The policy aligns with the Trump administration's push for more daily deportations. By lowering the threshold for warrantless arrests, ICE aims to speed up enforcement actions across the country.

The updated guidelines expand ICE's authority to detain people without warrants. Agents now have more discretion in deciding who poses a flight risk, potentially leading to a rise in arrests. The policy also introduces stricter documentation requirements, though its impact on immigration enforcement remains to be seen.