By David Secor. (courtesy of Benach Collopy)
When ICE agents appear, they may show you a document called an “administrative warrant.” These warrants can be very intimidating, as they might say that ICE is looking for someone, and that person has been designated for either arrest or detention or being placed into deportation proceedings before an Immigration Judge.
It’s important, however, to know that there are big differences between ICE’s “administrative warrant” and a “judicial warrant.” These documents have very different meanings under the law and the U.S. Constitution.
Judicial Warrants
A “judicial warrant” is an official warrant from a court. It should have the name of the court at the top, and it must be signed by a judge. This an important due process requirement that comes from the Fourth Amendment to the Constitution, which protects everyone from “unreasonable searches and seizures.” The Fourth Amendment also requires authorities to get a warrant from a judge after demonstrating “probable cause” for what they are looking for. Having to show “probable cause” to a judge is a fundamental part of everyone’s due process rights in our legal system. If the judge has signed the warrant, that means the judge has found there is “probable cause” for the authorities to execute the warrant. But the authorities cannot search or seize people’s belongings without a warrant. If they do, that can be a violation of someone’s constitutional rights.
A judicial warrant specifies who the government may seize or the premises to be searched. It is lawful authority to enter into the specified place and/or arrest the specified person. If ICE has a judicial warrant, they are allowed to enter a premises, such as a home, and arrest people named in the warrant. Note that they are not allowed to go beyond the scope of the warrant. In the case that ICE has a judicial warrant, do not resist. But, most importantly, do not say anything or sign anything. Do not confirm identity or nationality. State only that you want to speak to a lawyer.
Below are examples of judicial warrants:


Administrative Warrants
ICE’s “administrative warrants” are very different. Instead of having to show “probable cause” to a judge and having a judge sign the warrant, ICE produces their own “administrative warrants” themselves and signs them themselves. You’ll notice that “U.S. Department of Homeland Security” is written at the top. This means that these “administrative warrants” are not following the constitutional rules for warrants under the Fourth Amendment.
Here is an example of an administrative warrant:

Your Rights When ICE Agents Appear
If ICE agents appear and say they have a warrant, you can ask to see the warrant yourself. The ICE agent may slide it under the door or show you through a window. If it looks like an “administrative warrant,” then you do not have to open the door. If ICE tries to execute an administrative warrant and enter without your permission, that could be a violation of your constitutional rights. ICE may also just ask for your consent to let them enter, and make you feel pressured if your refuse, but you can refuse them if they don’t have any right to enter your property.
You can also ask to speak with an attorney if ICE agents appear and will not leave. You can also choose to remain silent and not respond to any of their questions. If family members, friends, or others are present, they should be advised to do the same, and either request to speak to an attorney or remain silent.
Protecting Your Constitutional Rights
It is important to remember that you have rights – under the Constitution and under the law, and that ICE is not allowed to ignore those rights or protections. If they try, we advise that you or a trusted family member or friend, consult an attorney as soon as possible.