On January 21, 2026, the Associated Press reported on a leaked ICE memo claiming that officers have authority to forcibly enter a home when they have reason to believe that the subject of an ICE warrant is inside. The memo has intensified concerns about the aggressive immigration enforcement activities that have dominated the news in 2026.
Across Pennsylvania, from the busy streets of Philadelphia to the suburbs of Media and Delaware County, families are feeling the pressure of an aggressive new playbook where federal agents use local criminal issues as a gateway for detention. We have seen an increase in families reporting home-visit encounters (“knock and talk” style) in which federal agents seek consent to enter. Agents may appear at private residences, often early in the morning, hoping to gain entry through confusion or fear.
This surge is not accidental. In 2025, Congress passed H.R. 1, widely referred to as the ‘One Big Beautiful Bill,’ or the ‘OBBB,’ which directed roughly $170 billion toward border and immigration enforcement-related initiatives, including expanded enforcement capacity and detention-related resources. This historic funding has allowed for a dramatic expansion of detention capacity and the hiring of thousands of new agents. At the same time, we have seen some Pennsylvania counties enter into 287(g) agreements with ICE, while local advocates and officials in places like Bucks County have pushed back on those partnerships.
At Santee Law Offices, we know that your home is your sanctuary. We also know that the most common way immigration agents enter a home is not through a court order, but through consent, often after presenting an administrative warrant that ICE has issued itself. As a seasoned Pennsylvania criminal lawyer, David Santee understands that your strongest defense is knowing your constitutional rights before the door ever opens.
There are two very important points that you should understand. First, many ICE warrants shown at the door are administrative warrants, and an administrative warrant is not the same as a judge-signed warrant. Second, agents may still try to enter even if you refuse consent, including by pressuring you to open the door or by claiming they have authority to come inside. But before any escalation, they may first ask you to give them permission to enter your home. This is what we call the “warrant trap.” ICE shows you an administrative warrant to make you think that you have no choice, hoping that you will grant them permission to enter your home. But, once you do so, you have consented to the search, and what would otherwise have been an unlawful entry or search may become lawful under the Fourth Amendment once consent is given.
We want you to understand the difference between a judicial warrant and an administrative warrant, as well as your constitutional rights and how to exercise them within the bounds of the law.
What Is the Warrant Trap?
The Warrant Trap happens when agents present a document that contains the word ‘Warrant’ in bold letters and looks like a warrant issued by a judge. In many home encounters in Pennsylvania, the document that agents present is a DHS Form I-200 or Form I-205. These are administrative warrants. While they are legal documents, they do not carry the same weight as a warrant signed by a judge.
For many people, seeing a federal agent with a Warrant for Arrest is enough to make them open their door. They assume that if they do not comply, they are breaking the law. But once they open the door and allow the ICE officers to come inside, they have consented to the officers’ presence in their home, and it may become much harder to challenge the entry or subsequent actions under the Fourth Amendment.
We want you to remember this rule: An administrative warrant authorizes ICE to take the named person into custody, but it is not a judge-signed warrant and generally does not authorize non-consensual entry into a home. Having such a warrant typically does not give ICE agents the legal authority to enter your private home without consent or a judge-signed warrant, and different rules may apply in certain limited circumstances.
ICE Warrant Laws in Pennsylvania: Administrative vs. Judicial
To understand why you can say no to ICE at your door, we must look at the source of their power.
A Judicial Warrant is issued by a court and signed by a judge or a magistrate. Depending on the type of warrant, it may be based on probable cause that a person committed a crime (arrest warrant) and/or that evidence is located at a specific place (search warrant). Under the Fourth Amendment of the U.S. Constitution, a judicial warrant is the primary document that allows law enforcement to force their way into your home against your will, absent rare emergency situations known as exigent circumstances.
An Administrative Warrant is different. It is signed by an immigration official, like a supervisor at the Department of Homeland Security. It is not reviewed by a neutral judge. Because it does not come from a court, it cannot override your constitutional right to privacy in your home.
If you open the door, even just a crack, agents may try to use the interaction to obtain consent to enter or may later argue that consent was given. Once inside, agents may question occupants and may take additional people into custody if they develop a lawful basis to do so. This is why we often say that your front door is one of your strongest protections in a home encounter.
How to Spot the Difference through the Window
Agents are trained to be persistent. They may knock loudly or tell you they have a warrant for your arrest. If this happens, do not open the door. Instead, speak through the door or a window. We recommend asking them to slide the warrant under the door or hold it up so you can see it clearly.
Check for these three red flags on an Administrative Warrant:
- The Header: Look for the words "U.S. Department of Homeland Security" or "Immigration and Customs Enforcement."
- The Form Number: Look for "Form I-200" or "Form I-205" at the bottom or top corner.
- The Signature: If the signature line is signed by an "Officer" or "Director" rather than a "Judge" or "Magistrate," it is an administrative warrant.
If you do not see a judge’s signature and a court header, you have the legal right to stay inside. We suggest saying: "I do not consent to your entry. Please leave the warrant under the door for my attorney to review." Navigating ICE warrant laws in Pennsylvania requires this level of careful scrutiny.
The Growing Danger of Crimmigration in Pennsylvania
The stakes of the Warrant Trap have never been higher. With the implementation of the Laken Riley Act (Public Law 119-1) in 2025, the definition of what makes someone a priority for arrest has expanded significantly. The Laken Riley Act expanded mandatory detention categories. In qualifying cases, detention can be triggered based on an arrest or charge for specified offenses, even before a conviction, often making the person ineligible for release on bond through an immigration judge.
The Laken Riley Act specifically targets offenses such as:
- Theft, larceny, or shoplifting
- Burglary
- Assault of a law enforcement officer
- Crimes that result in death or serious bodily injury
This is a major shift in 2026. Today, an arrest or charge for certain specified offenses may trigger mandatory detention, and bond options can become far more limited in qualifying cases. This is why crimmigration defense, the specialized field where criminal law and immigration status collide, is so critical. If you have a criminal history, ICE may scrutinize your case more closely and may pursue custody if they believe you are removable or have an outstanding removal order.
Santee Law Offices practices in this intersection of law. We look for creative solutions, such as post-conviction relief (PCRA), to vacate or modify old convictions that are now causing immigration nightmares.
Your Fourth Amendment Rights Are Still Active
Despite the headlines about expanded enforcement powers and the billions of dollars in new funding from the OBBB Act, the U.S. Constitution still protects every person on Pennsylvania soil. The Fourth Amendment’s protection against unreasonable searches and seizures is not a loophole; it is the law of the land.
When agents use the Warrant Trap, they are hoping you do not know your rights. They are hoping you will choose cooperation over your constitutional protections. We have seen cases where families were separated simply because they felt they had no choice but to let agents inside. We are here to tell you that you do have a choice. Understanding the reality of ICE warrant laws in Pennsylvania is the first step in exercising that choice.
Be Careful How You Exercise Your Fourth Amendment Rights
So what should you do if ICE knocks on your door and shows you an administrative warrant? The first thing you should know is that, if the ICE officer is asking for your permission to enter your home, you have every right to say no. If you say yes, then it doesn’t matter whether ICE has a judicial warrant or an administrative warrant. ICE does not need any warrant at all to enter your home if you consent.
The more difficult question is, what should you do if you refuse to open the door and ICE breaks it down anyway? In that case, you may have serious concerns about the legality of the entry, but the priority in the moment is safety. Do not physically interfere. If you do something that agents interpret as interfering with their actions, you could face obstruction-related allegations or other charges. The safest move is to remain calm, avoid escalation, and contact counsel as soon as you can.
Most importantly, if something like this happens to you, call us and tell us about it. There may be important remedies that we can pursue due to the violation of your rights, both in the immigration court proceeding and in a habeas corpus petition filed in federal court.
The Santee Standard: Safeguarding Your Constitutional Rights
At Santee Law Offices, we believe in proactive defense. If you or a loved one has concerns about an ICE encounter, the time to prepare is now. We help our clients create safety plans and ensure they have the right contact information ready.
David Santee brings over 25 years of experience to every case. As a dedicated deportation defense attorney in Media, PA, and former Assistant Dean for Trial Advocacy Programs at Villanova Law School, he understands how to fight back against government overreach. We examine every detail of your case, looking for the mistakes that agents often make during arrests and searches. If your rights were violated, we can challenge the legality of the arrest/entry and seek all available remedies in immigration court and related proceedings through aggressive motions practice.
What to Do if a Loved One Is Detained by ICE
If a family member has been taken into ICE custody, you must act quickly. In the current enforcement climate, people are often moved to detention centers far from Media or Philadelphia within hours. Because of the Laken Riley Act, they may be held without bond in qualifying cases involving certain theft-related offenses or assault on a law enforcement officer.
We can help locate your loved one, represent them at Joseph hearings to challenge mandatory detention, and develop a comprehensive strategy for their defense. Whether your immigration concern is a family-based petition or a complex deportation defense involving criminal charges, we stand by you every step of the process.
Don’t Wait for the Knock: Secure Your Defense Today with Santee Law Offices
Do not wait for a knock at the door to find out if your rights are protected. The legal landscape is moving too fast to rely on outdated information or do-it-yourself strategies. Whether you are facing new criminal charges in Pennsylvania or you are worried about your immigration status in this new era of enforcement, you need a lawyer who understands both sides of the coin.
We have built a reputation for taking on the most challenging cases and finding creative avenues for success. From our offices in Media, Pennsylvania, we serve clients throughout Pennsylvania, New Jersey, and Delaware who are looking for clarity, confidence, and a dedicated advocate. Whether you need a seasoned Pennsylvania deportation lawyer to fight a removal case or an advocate with deep trial experience to handle complex crimmigration issues, we are ready to shield your future.
Contact us at 215-935-4481 today or visit our website to schedule your confidential consultation. Let us help you navigate the system and protect your future.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.