Immigration Enforcement: Administrative vs. Judicial Warrants

Immigration agents may show you a judicial warrant or an administrative warrant. There is a critical difference between the two.

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If ICE knocks on your front door, don’t open it and ask to see a warrant.

Agents may show you a judicial warrant issued by a court. Or they might have an administrative warrant from the U.S. Department of Homeland Security.

There’s a critical difference between the two.

To enter and search your house or non-public areas of a business—like a restaurant kitchen—ICE needs a valid judicial warrant issued by a court and signed by a judge, like the one below.

Here’s what to look for:

  • At the top, it says Superior Court of California or U.S. District Court.
  • Make sure the address is correct, and the person named on the warrant lives at the home.
  • Check the date and signature.
US District Court Search and Seizure Warrant. Make sure the warrant has your correct name and address. To search the premises, officials must have a search warrant. If officials only have an arrest warrant, they do not have authority to search or enter your property.

Judicial search warrant issued by a U.S. District Court

An administrative arrest warrant or a warrant of removal, seen below, says U.S. Department of Homeland Security. An administrative warrant does not grant ICE permission to enter or search your house.

If ICE agents show you an administrative warrant, you don’t have to let them in. If they force their way in, say you don’t consent, but don’t try to stop them.

And don’t answer any questions. Remember, in any encounter with ICE or other federal immigration officers, you always have the right to remain silent.

US Department of Homeland Security Warrant for Arrest of Alien. Important: An arrest warrant only permits an arrest of the indicated person, NOT a search of any private property. If an officer attempts to search your house with only an arrest warrant, you may refuse.

Administrative warrant issued by the U.S. Department of Homeland Security