KNOW YOUR RIGHTS
How to Read A Warrant
Understanding the distinctions between judicial and administrative warrants is crucial, especially for immigrant communities, as it directly impacts your rights and how you should respond during encounters with law enforcement or immigration officials.
Judicial vs. Administrative Warrants
Judicial Warrants
A judicial warrant is issued by a neutral judge or magistrate based on probable cause that a person has committed a crime. These warrants may authorize searches and seizures of private property and/or the arrests of individuals. Compliance with the orders of a judicial warrant is mandatory.
Administrative Warrant
An administrative warrant is issued by administrative agencies, such as DHS, ICE, CPB, in the enforcement of suspected civil law violations to authorize seizures or arrests within their jurisdiction. This includes so-called “immigration warrants”. These warrants are not reviewed or signed by a judge, but by immigration officers—sometimes confusingly called “immigration judges”—and may meet a lower standard of probable cause to be issued. Administrative warrants do not authorize the search of private property or secure access areas and officers are not permitted to enter such spaces without consent. Compliance with an administrative warrant is not required in most cases. You do not have to consent to a search ordered by an administrative warrant.
What to Look For
What kind of warrant and who’s issuing it?
1
Look at the top of the warrant to identify the issuer of the warrant. The header of a judicial warrant will contain the name of the court in which it was authorized (e.g. “United States District Court”, “Superior Court”). An administrative warrant is not authorized by a court and will instead contain the name of the enforcing agency (e.g. “Department of Homeland Security”). Look for the seal of the entity issuing the warrant and for form numbers on administrative warrants. Identify the type of warrant you have received. Judicial warrants may be labeled “Arrest Warrant” or “Search and Seizure Warrant”. ICE warrants I-200 and I-205 are labeled “Warrant for Arrest of Alien” and “Warrant of Removal/Deportation”, respectively. Administrative immigration warrants often specifically address immigration enforcement officers.
2
Who signed it?
Identify the signatory of your warrant. Judicial warrants are signed by judges or magistrates. Their signature is typically followed by their title and the name of the court they serve (e.g. “judge”, “deputy clerk”). Administrative warrants are signed by “immigration officers” or “immigration judges”. These officials are employed by the Department of Homeland Security and, despite their titles, lack the impartiality and authority to issue judicial warrants.
3
Who? What? Where? When?
Verify the scope of the warrant. Who is wanted for arrest? Make sure that the names on the warrant belong to the individuals that the officers are searching for. In the case of a search warrant, what are the officers supposed to be looking for? Where can they search? What address is law enforcement supposed to be at? Confirm that the address on the warrant matches the location where it is being executed. When is this warrant supposed to be executed? When does the warrant expire? All of this information must be specified in the contents of a warrant.
Samples of judicial arrest and search and seizure warrants (left, center) and ICE Form I-205, an administrative warrant (right).
How to Respond
Judicial Warrants
You must comply with judicial warrants. Record your interactions with law enforcement and observe carefully as they conduct their search. Look out for searches or other behaviors that exceed the scope of their investigation as it is specified in the warrant. Inquire about and object to any actions that might not be authorized by the warrant. Officers may conduct additional searches not explicitly authorized by a warrant if they can demonstrate probable cause to believe that such searches will uncover illegal activity. Otherwise, remain silent and do not answer any questions or sign any documents. Seek legal assistance immediately.
Administrative Warrant
In the case of an administrative warrant, you are not obligated to allow immigration officers into your home. Do not open your door. Opening your door may be understood as an admissible expression of consent to their entry. Ask the officers to present the warrant by passing it under your door or showing it through a window. You may decline their request to enter by saying “I do not consent to your entry or a search of these premises.” If they threaten to return with a judicial warrants, contact a lawyer. If officers force their way into your home, do not resist or interfere with their search. Reaffirm your objection. Say, “I do not consent to your entry or a search of these premises. I wish to remain silent. I would like to speak with an attorney.” Do not answer any questions or sign any documents. Carefully observe and record the officers’ actions. Seek legal assistance immediately.
You can find more information on what to do if you encounter law enforcement here.