UNCONSTITUTIONAL, IN VIOLATION OF THE FOURTH AMENDMENT. WE’RE HORRIFIED BY WHAT WE’RE SEEING BY ICE AGENTS. BERNALILLO COUNTY DISTRICT ATTORNEY SAM BREGMAN AIRING CONCERNS WITH CNN’S ALEX MICHAELSON WEDNESDAY NIGHT. IT VIOLATES STATE LAW. IF YOU DON’T HAVE A WARRANT, REASONABLE SUSPICION OR PROBABLE CAUSE IN NEW MEXICO, YOU DON’T GET TO DETAIN SOMEBODY. YOU DON’T GET TO RESTRAIN THEM. AN INTERNAL MEMO ADDRESSED TO ICE PERSONNEL BACK IN MAY, ACTING ICE DIRECTOR TOM LYONS AUTHORIZING ICE AGENTS TO, QUOTE, FORCIBLY ENTER INTO CERTAIN PEOPLE’S HOMES WITHOUT A JUDICIAL WARRANT, CONSENT OR AN EMERGENCY. I DON’T CARE WHO YOU ARE. NO ONE IS ABOVE THE LAW. BREGMAN SENDING THIS LETTER TO BILL SHAW JUST HOURS BEFORE THAT INTERVIEW, STATING, QUOTE, FALSE IMPRISONMENT IS A FELONY UNDER NEW MEXICO LAW. SHAW IS AN ASSISTANT FIELD OFFICE DIRECTOR WITH ENFORCEMENT AND REMOVAL OPERATIONS HERE IN ALBUQUERQUE. WE’RE GOING TO PROSECUTE EVEN ICE AGENTS. THAT’S THAT’S THAT’S A BEDROCK OF OUR JUDICIAL SYSTEM. NO WARRANT, NO REASONABLE SUSPICION, NO PROBABLE CAUSE. THEREFORE, YOU CANNOT INVOLUNTARILY RESTRAIN SOMEONE. THE MEMO RELYING ON THIS ADMINISTRATIVE DOCUMENTS SIGNED BY DEPARTMENT OF HOMELAND SECURITY OFFICIALS. ULTIMATELY, THIS WILL BE STRUCK DOWN IN COURT. LEGAL DIRECTOR MARIA SANCHEZ WITH ACLU TELLING US SHE LEARNED OF THE MEMO YESTERDAY. AND I WAS STUNNED AT FIRST AND THEN JUST HORRIFIED BY THE BY THE IMPLICATIONS OF IT. I THINK THERE’S A LOT OF CONFUSION BETWEEN ADMINISTRATIVE WARRANTS AND JUDICIAL WARRANTS. AN ADMINISTRATIVE WARRANT IS JUST ONE THAT’S LITERALLY JUST SIGNED BY AN OFFICER OR A, YOU KNOW, AN EMPLOYEE OF ICE THAT AUTHORIZES AN ICE ARREST IN A PUBLIC SPACE. WHEN YOU ARE TRYING TO ARREST SOMEONE IN THEIR HOME, YOU HAVE TO HAVE A WARRANT SIGNED BY A JUDGE THAT IS SUPPORTE
Whistleblower complaint: ICE memo authorizes agents to enter homes without judicial warrant
“It violates state law. If you don’t have a warrant, reasonable suspicion or probable cause in New Mexico, you don’t get to detain somebody,” Bernalillo County District Attorney Sam Bregman told CNN’s Elex Michaelson
A whistleblower complaint, shared with Congress, indicates an internal U.S. Immigration and Customs Enforcement memo was addressed to “All ICE personnel,” but shared with Department of Homeland officials, on May 12, 2025. However, the Whistleblower complaint was released on Jan. 7, 2026. MORE: Immigration officers assert sweeping power to enter homes without judge’s warrant, memo statesThe complaint indicates that acting ICE director Todd Lyons authorized ICE agents to “forcibly enter into certain people’s homes without a judicial warrant, consent or an emergency.” The memo reportedly relies on an administrative document, Form I-205, signed by DHS officials. The whistleblower complaint was obtained by the Associated Press. Some express that it has violated the Fourth Amendment, while others believe otherwise. What is the Fourth Amendment?”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”On Wednesday, Jan. 21, 2026, Bernalillo County District Attorney Sam Bregman issued a letter to Enforcement and Removal Operations ICE Assistant Field Office Director Bill Shaw in Albuquerque, regarding concerns of ICE procedures and operations across the country, stating, “ICE’s nationwide pattern of unconstitutional enforcement actions give rise to questions and unease about ICE activity in New Mexico. Specifically, certain activity by ICE agents reported in other states would be criminal under the laws of New Mexico.” False Imprisonment False Imprisonment is a felony under New Mexico law NMSA 1978, § 30-4-3“False imprisonment consists of intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so.” On Wednesday, Bregman expressed his concerns during an interview with CNN’s Elex Michaelson, stating, “We’re horrified by what we’re seeing by ICE agents.” Bregman emphasized that such actions violate state law, explaining, “If you don’t have a warrant, reasonable suspicion or probable cause in New Mexico, you don’t get to detain somebody. You don’t get to restrain them.””I’m going to hold everybody to the same standard. If they’re committing felonies, they’re not going to do it without being prosecuted. We’re going to prosecute even ICE agents,” Bregman said.On Thursday, Jan. 22, 2026, KOAT reached out to Albuquerque’s DHS ICE office regarding Bregman’s letter. However, one phone line was disconnected while the other one was busy. We also did not receive a response at time of airing. American Civil Liberties Union legal director Maria Sanchez told KOAT she learned of the memo recently and shared her reaction, stating, “Ultimately, this will be struck down in court. I was stunned at first and then just horrified by the implications of it.”Sanchez explained the confusion between administrative and judicial warrants, stating, “There’s a lot of confusion between administrative warrants and judicial warrants. An administrative warrant is one that’s literally signed by an ICE officer — or an employee of ICE, that authorizes an ICE arrest in a public space.””When you are trying to arrest someone in their home, you have to have a warrant signed by a judge that is supported by probable cause, or the person has to consent to you entering their home,” Sanchez told KOAT.The Republican Party of New MexicoOn Thursday, Jan. 22, 2026, RPNM Chairwoman Amy Barela issued the following statement to media outlets following Bregman’s letter issued to Shaw:“This letter issued by Sam Bregman is anti-law enforcement fear-mongering at its finest. Bregman is no different than any other radical, far-left Democrat who demonizes the ICE agents who risk their lives so they can remove the worst criminals in our country. He masquerades as a moderate, but there’s nothing moderate about the war on ICE that Democrats like Sam Bregman are hellbent on continuing.” — Chairwoman Amy BarelaStay updated on the latest from the Roundhouse in Santa Fe with updates on the KOAT app. Download here
A whistleblower complaint, shared with Congress, indicates an internal U.S. Immigration and Customs Enforcement memo was addressed to “All ICE personnel,” but shared with Department of Homeland officials, on May 12, 2025. However, the Whistleblower complaint was released on Jan. 7, 2026.
MORE: Immigration officers assert sweeping power to enter homes without judge’s warrant, memo states
The complaint indicates that acting ICE director Todd Lyons authorized ICE agents to “forcibly enter into certain people’s homes without a judicial warrant, consent or an emergency.” The memo reportedly relies on an administrative document, Form I-205, signed by DHS officials. The whistleblower complaint was obtained by the Associated Press. Some express that it has violated the Fourth Amendment, while others believe otherwise.
What is the Fourth Amendment?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
On Wednesday, Jan. 21, 2026, Bernalillo County District Attorney Sam Bregman issued a letter to Enforcement and Removal Operations ICE Assistant Field Office Director Bill Shaw in Albuquerque, regarding concerns of ICE procedures and operations across the country, stating, “ICE’s nationwide pattern of unconstitutional enforcement actions give rise to questions and unease about ICE activity in New Mexico. Specifically, certain activity by ICE agents reported in other states would be criminal under the laws of New Mexico.”
False Imprisonment
False Imprisonment is a felony under New Mexico law NMSA 1978, § 30-4-3
“False imprisonment consists of intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so.”
On Wednesday, Bregman expressed his concerns during an interview with CNN’s Elex Michaelson, stating, “We’re horrified by what we’re seeing by ICE agents.” Bregman emphasized that such actions violate state law, explaining, “If you don’t have a warrant, reasonable suspicion or probable cause in New Mexico, you don’t get to detain somebody. You don’t get to restrain them.”
“I’m going to hold everybody to the same standard. If they’re committing felonies, they’re not going to do it without being prosecuted. We’re going to prosecute even ICE agents,” Bregman said.
On Thursday, Jan. 22, 2026, KOAT reached out to Albuquerque’s DHS ICE office regarding Bregman’s letter. However, one phone line was disconnected while the other one was busy. We also did not receive a response at time of airing.
American Civil Liberties Union legal director Maria Sanchez told KOAT she learned of the memo recently and shared her reaction, stating, “Ultimately, this will be struck down in court. I was stunned at first and then just horrified by the implications of it.”
Sanchez explained the confusion between administrative and judicial warrants, stating, “There’s a lot of confusion between administrative warrants and judicial warrants. An administrative warrant is one that’s literally signed by an ICE officer — or an employee of ICE, that authorizes an ICE arrest in a public space.”
“When you are trying to arrest someone in their home, you have to have a warrant signed by a judge that is supported by probable cause, or the person has to consent to you entering their home,” Sanchez told KOAT.
The Republican Party of New Mexico
On Thursday, Jan. 22, 2026, RPNM Chairwoman Amy Barela issued the following statement to media outlets following Bregman’s letter issued to Shaw:
“This letter issued by Sam Bregman is anti-law enforcement fear-mongering at its finest. Bregman is no different than any other radical, far-left Democrat who demonizes the ICE agents who risk their lives so they can remove the worst criminals in our country. He masquerades as a moderate, but there’s nothing moderate about the war on ICE that Democrats like Sam Bregman are hellbent on continuing.” — Chairwoman Amy Barela
Stay updated on the latest from the Roundhouse in Santa Fe with updates on the KOAT app. Download
