Federal law permits ICE to make warrantless arrests under only two circumstances. That brings us to the new memo, which addresses whether ICE agents can then arrest the person who has been stopped. In practice, that made it relatively unusual for ICE agents to carry out a warrantless arrest. The total package amounts to a sweeping authorization for ICE agents to roam the streets, grab just about anyone they want, arrest and detain them. The warrant requirement for an ICE arrest, established by statute, is meant to function as a protection against exactly the kind of massive, non-specific sweeps ICE is now performing.

Source: Taipei Times February 05, 2026 18:09 UTC