CHICAGO (WLS) — In a recent directive from Acting ICE Director Todd Lyons, which was reviewed by the ABC7 I-Team, immigration officers are instructed to evaluate two key factors during any targeted arrest: whether the individual is undocumented and their potential to flee. If both conditions are affirmed and an officer perceives a high likelihood of escape, an arrest can be made without a warrant.
ABC7 Chief Legal Analyst Gil Soffer explained that this new directive could lead to an increase in warrantless arrests. The memo signifies a significant shift in immigration enforcement strategy by lowering the requirements for making arrests. Previously, agents had to establish if someone posed a “flight risk,” not merely if they might leave the scene quickly.
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Soffer elaborated on the distinction: “Determining a flight risk involves predicting future behavior post-arrest, considering factors like attendance at future hearings. In contrast, likelihood of escape is an immediate concern—whether the person will still be around shortly if given the chance to flee.”
This change seems to be part of a broader initiative to broaden the arrest capabilities of immigration agents nationwide.
Another directive from Lyons asserts that immigration officers are permitted to enter residences without judicial consent.
Soffer commented, “ICE appears to be seeking methods to streamline the arrest process for individuals they deem as illegal immigrants. This includes entering homes to make arrests and adopting a more expansive interpretation of their authority for warrantless detentions.”
During the height of operation “Midway Blitz,” attorney Mark Fleming with the National Immigrant Justice Center, based in Chicago, told the ABC 7 I-Team that warrantless arrests were rampant in violation of a consent decree in place forbidding them. A federal judge ruled warrantless arrests unlawful in October.
Lawyers from the National Immigrant Justice Center are set to argue against the continued practice in federal court on Tuesday afternoon.
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