We will examine three significant developments in federal immigration enforcement: new internal ICE guidance on warrantless home entries, the fatal shooting of Alex Pretti in Minneapolis, and leadership changes involving Border Patrol commander Gregory Bovino.
These events have intensified national debate over constitutional protections, federal enforcement tactics, and oversight of immigration operations.
ICE Memo on Warrantless Home Entries Raises Fourth Amendment Concerns
In May 2025, an internal U.S. Immigration and Customs Enforcement memorandum, commonly referred to as the May 12 Memo, authorized ICE agents to rely on administrative warrants for home entries in immigration arrest and removal operations.
Administrative warrants are issued internally by the agency and are not signed by a judge. Unlike judicial warrants, they do not require prior approval from a neutral magistrate based on probable cause.
What the ICE Memo Allows
According to whistleblower disclosures and media reporting, the memo permits ICE officers to:
- Enter private residences using administrative warrants
- Announce their authority and intent to enter
- Use reasonable force if entry is refused
Traditionally, the Fourth Amendment requires law enforcement to obtain a judicial warrant before entering a private home, absent limited exceptions such as exigent circumstances.
Civil liberties advocates and constitutional scholars argue that relying on administrative warrants for home entries may conflict with longstanding Fourth Amendment protections against unreasonable searches and seizures.
The guidance is expected to face legal challenges as courts evaluate whether immigration enforcement actions fall within recognized constitutional exceptions.
Fatal Shooting of Alex Pretti in Minneapolis
Federal immigration enforcement in Minneapolis remains under heightened scrutiny following the fatal shooting of Alex Pretti, a 37-year-old intensive care nurse and U.S. citizen, on January 24, 2026.
Pretti was shot during an immigration enforcement operation known as Operation Metro Surge. His death marked the second fatal shooting involving federal immigration agents in Minneapolis in January, following the earlier shooting of Renée Nicole Good by an ICE officer.
Conflicting Accounts of the Incident
Federal officials initially characterized the encounter as a defensive response to an imminent threat.
However, video footage and reporting indicate that Pretti was not brandishing a weapon at the time he was shot. Bystander videos show federal agents removing his legally carried firearm from his waistband before the fatal shots were fired.
The Department of Homeland Security later informed Congress that two federal officers, a Border Patrol agent and a CBP officer, discharged their weapons during the struggle.
The incident has led to:
- Legal action seeking preservation of evidence
- A federal judge’s order requiring DHS to preserve materials related to the shooting
- Calls from state officials for transparent and independent investigations
The shooting has intensified public debate over federal immigration enforcement tactics in urban areas and the use of force during operations.
Border Patrol Leadership Changes After Minneapolis Controversy
In the aftermath of the Minneapolis incidents, senior Border Patrol commander Gregory Bovino is being reassigned from his temporary role as “commander at large” overseeing national operations, including the Minneapolis deployment.
Bovino is returning to his previous leadership position in California. Reports indicate that his “commander at large” designation was temporary and that he remains within Customs and Border Protection leadership.
The reassignment follows criticism of his public statements and enforcement strategy during the Minneapolis operations.
White House Response and Enforcement Adjustments
Amid growing public scrutiny, the White House has deployed senior immigration adviser Tom Homan to oversee enforcement operations and adjust tactics.
According to reports, updated guidance includes:
- Efforts to reduce confrontations with protesters
- A renewed focus on individuals with criminal convictions
- Operational adjustments aimed at minimizing escalation
These changes come as federal immigration enforcement faces increasing legal, political, and public scrutiny.
Conclusion: Ongoing Legal and Constitutional Questions
The ICE memo on warrantless home entries, the fatal shootings in Minneapolis, and leadership changes within Border Patrol highlight broader tensions surrounding immigration enforcement authority, constitutional protections, and accountability mechanisms.
As enforcement strategies evolve, courts, lawmakers, and communities are closely examining the legal boundaries of federal immigration operations.
If you have questions about how these policy changes may affect you or your organization, contact our office for guidance tailored to your situation. To read more about what I’ve written about today and more, you can subscribe to my bi-weekly LinkedIn newsletter, Immigration Watch.
Rebecca R. Cohen
Rebecca R. Cohen is a trusted immigration attorney who represents individuals, families, and employers in complex family- and employment-based immigration matters with a combination of strong advocacy and practical guidance. Known for her deep knowledge of visas, green cards, citizenship, and dual citizenship issues, she helps clients understand their options and develop effective strategies to achieve their goals. With a collaborative, solution-focused approach and certified mediation training, Rebecca provides clear communication, attentive support, and thoughtful preparation throughout the immigration process.
Learn more about Rebecca >>>
rcohen@bhlawpllc.com | 315-701-6347