As federal immigration enforcement actions continue to unfold, Maine’s local law enforcement departments grapple with uncertainties over a recently leaked ICE memo asserting broad authority for federal officers to forcibly enter homes with an administrative warrant, not just a warrant signed by a judge. The memo — signed by acting ICE Director Todd Lyons on May 12, 2025, and recently leaked to the Associated Press — became public just days ago after whistleblowers disclosed its existence.
According to AP, the directive authorizes ICE agents and officers to enter residences using only an administrative warrant, rather than one signed by a judge — a departure from guidance rooted in Supreme Court rulings long prohibiting warrantless home entries.
The directive only amplifies concerns among local law enforcement, said Cumberland County Sheriff Kevin Joyce.
Joyce said in a Thursday news conference that entering any home without a warrant is “not how we operate as local police.” Last week, Joyce said he was concerned about ICE’s tactics leading to “blue-on-blue” violence if agents refuse to identify themselves while carrying out operations.
On Friday, Joyce told the Sun Journal that local law enforcement also wants to avoid interference with federal authorities.
“State and local law enforcement don’t want the presence of doing immigration law enforcement,” Joyce said. “On the other hand, law enforcement is careful not to obstruct ICE who, in some cases, is hopefully conducting legitimate lawful police work.”
Joyce said residents should always call local law enforcement in the case of someone trying to break into a residence. An officer may be able to verify if the intruders are federal agents.
However, Joyce said, local law enforcement is unlikely to take any enforcement action against federal agents, “as legal authority for warrants is usually determined in court.”
Cumberland County District Attorney Jacqueline Sartoris said Friday that she was shocked at the memo and described it as misinformation that could expose ICE agents to potential criminal charges.
Sartoris maintains that she is willing to prosecute ICE agents who use illegal force, including agents who enter someone’s home without an appropriate warrant.
Local law enforcement officials have told her they aren’t sure what would happen if they come into contact with a federal agent, Sartoris said. She thinks “when push comes to shove” that local police will intervene if they witness illegal activity by ICE.
In a Thursday news conference, U.S. Sen. Angus King also said that the directive, which ICE continues to use in training for new officers, is problematic.
“This is the first time in my experience a memo is held to overcome the United States Constitution. The Fourth Amendment … is very clear that the people shall be secure in their papers and houses and can only be violated by a judicial warrant under certain very specific circumstances.”
King said the Fourth Amendment is specific in its language for a reason — that it uses the word “people,” not “citizen” — so that “no person’s life, liberty or property can be denied without due process of the law.
“What is the due process here? What evidence is being presented and to what judicial body before an arrest warrant can be issued for the invasion of a home?”
King said he believes the best course of action for people is to remain as observers.
“If ICE is following the law and pursuing people that should be removed, then that’s OK,” he said. “But if they are not, we need to be sure we have a record of that.”
Other local law enforcement departments say they have been getting questions from the public on how the memo could affect encounters at their homes.
Androscoggin County Sheriff Eric Samson said his deputies will continue to respond to all reports of attempted forced entry.
“If we have a complainant call saying somebody’s trying to force entry into my home, a deputy responds, he’s going to investigate the situation like he would any other,” Samson said.
Deputies encountering those identifying themselves as federal agents would assess the situation and review whatever documentation is presented, Samson said, noting that there is ongoing uncertainty around the use of administrative and judicial warrants in immigration enforcement.
“That’s something we’re waiting to clarify currently,” he said, adding that his office is not involved with any immigration enforcement details and does not know where or who ICE is targeting in the county. “It isn’t like (ICE is) running their operations by us.”
Samson acknowledged the heightened anxiety in the community. He said deputies would not interfere with lawful federal operations, but will continue to respond to calls and determine whether any actions taken are justified. Residents who believe their rights were violated will have legal recourse, he said.
Lewiston police Lt. Derrick St. Laurent said anyone who experiences an unlawful entry into their home should seek legal counsel.
“If an individual’s rights are violated, such as through an unlawful search or entry, there may be a variety of repercussions,” St. Laurent said. “One of the most significant is civil liability, in which an officer and/or the department may be subject to a lawsuit if law enforcement is found to have violated a citizen’s constitutional rights.”
Gov. Janet Mills, a former attorney general, addressed the reports of the memo at a news conference Thursday, calling it “very disturbing news.”
“Look, the Fourth Amendment is the basic premise of our Bill of Rights, for God’s sake,” she said. “Its words couldn’t be plainer — you’ve got to have a judicial warrant before you enter somebody’s home.”
Experts outside government and law enforcement say that entries made without a judicial warrant raise broader concerns about policing, discretion and constitutional protections.
Brendan McQuade, University of Southern Maine associate professor of sociology and criminology, said the memo is problematic on multiple fronts, but most of all as a “rollback of a fundamental tenet of American law.”
McQuade echoed King’s warning that the Fourth Amendment has provided longstanding protections against unlawful searches. He said the directive to enter homes without a judicial warrant upends core principles of policing.
“This is a foundational part of the American system that they’re saying to disregard,” McQuade said. “This is not a little tweak — this is a big deal.”
As for what police should do if federal authorities attempt to gain access to homes without judicial warrants, McQuade said that from a purely academic perspective, “they should all resign and join the protesters, sit down and block ICE officers from getting out of hotels or driving their cars.”
“But that’s not realistic,” he said, adding that any police chief interested in keeping their job should turn to advocacy, promoting “talking to a lawyer or to the DA or to the ACLU.”
“Because it feels like the type of response that needs to happen is one that’s going to provoke a constitutional crisis,” he said.
Asked about the ICE memo, several local departments pointed to policies that prohibit cooperation with federal immigration authorities.
Oxford County Sheriff’s Chief Deputy James Urquhart said his office has received numerous inquiries on the subject due to recent stories of ICE operations in Maine.
“We do not have any intentions of incorporating our agency or personnel to assist in any enforcement actions being conducted by federal agencies,” Urquhart said, adding that, “Our correctional facility does not accept detainees unless there are local charges pending against them.”
The South Portland Police Department pointed to its immigration enforcement and public safety page, which says the department does not participate in federal immigration enforcement and will not assist ICE if they do not have a valid judicial warrant.
David Warren, Bangor’s administrative and communications manager, said police have been keeping up to date with reports of ICE activity.
“The city of Bangor is aware of the heightened presence in Maine of ICE agents and the DHS memo that’s been publicized,” Warren said. “The city will continue to monitor this matter as it unfolds in our state.”
State police and other local law enforcement officials did not respond to requests for comment as of Friday afternoon.
Federal lawmakers continue to scrutinize the memo and how it impacts communities across the country.
In King’s Thursday news conference, he said he was not justifying those who are residing in the U.S. illegally and have committed serious crimes, but he does question the manner in which the federal government is conducting itself to tackle immigrant-related crime. He questioned the use of masks, and lack of body cameras and identification.
“The damage being done in order to protect us from damage seems to be greater,” he said. “The cure is worse than the disease. That’s what’s happening here in Maine and that’s what’s going to be happening in places across the country.”
Staff writer Morgan Womack contributed to this story.
