"The net effect is we're likely to see more warrantless arrests," said ABC7 Chief Legal Analyst Gil Soffer. He says the memo marks another major departure from immigration enforcement norms, lowering the bar for arrests. Until now, immigration authorities would have to determine if a subject were a "flight risk," not just likely to escape the vicinity of an encounter.
"Flight risk, requires an agent to assess what will happen down the road after this immigrant is arrested, detained, fingerprinted, and requires asking difficult questions, like, 'Will he show up for future hearings?' Whereas likelihood of escape is simply that, 'Is he going to be here in an hour if he has access to a car or otherwise can flee?'" Soffer told the I-Team.
This appears to be part of a growing effort to expand the arresting powers of immigration agents throughout the country.
Another memo from Lyons argues that immigration authorities have legal authority to forcibly enter homes without permission from a judge.
"This means that ICE is looking for ways to make it easier to conduct arrests of what they see as unlawful immigrants. So, if that means going into a home and effectuating arrest, and that's what how they'll interpret their lawful authority, and if it means taking a broader view of what they have to show in order to make a warrantless arrest, well then, they'll do that," said Soffer.
During the height of operation "Midway Blitz," attorney Mark Fleming with the National Immigrant Justice Center, based in Chicago, told the ABC 7 I-Team that warrantless arrests were rampant in violation of a consent decree in place forbidding them. A federal judge ruled warrantless arrests unlawful in October.
Lawyers from the National Immigrant Justice Center are set to argue against the continued practice in federal court on Tuesday afternoon.