Judicial Warrants vs. Administrative Warrants

Under the Fourth Amendment, everyone in America has protection from unlawful search and seizures, including non-citizens. When U.S. Immigration and Customs Enforcement (ICE) agents and other immigration officials want to search a non-citizen’s person or property to determine if they are illegally in the country, they must first obtain a judicial warrant that grants them the authority to do so. However, there are other types of warrants that ICE agents sometimes present to trick individuals into thinking that the official has the right to search their property. Below, our Tifton deportation defense lawyer explains the types of warrants and what authority they provide.

What is a Judicial Warrant?

Judicial warrants are official warrants issued by a court. To be valid, the name of the court should appear at the top of the warrant and the judge must have signed it. This ensures that everyone is given due process and is not subjected to unreasonable search and seizures. Also under the Fourth Amendment, ICE agents and other law enforcement officials must show probable cause to obtain a search warrant. If a judge agrees that there is probable cause of turning up evidence of a crime or unlawful immigration status, they will sign the warrant. If ICE agents search a person’s property without a judicial warrant, they are infringing on the individual’s constitutional rights.

Judicial warrants do not only provide for a legal search. They also outline what premises the government can search, and who they may seize. If they are searching a premises for a specific person to arrest them, the warrant must name that person and the location to be searched. Government officials cannot go beyond the scope of the warrant.

If ICE agents arrive at your home or work with a judicial warrant, you must allow them to search. Do not block agents from entering or otherwise resist them. Even more importantly, do not make any statements or sign any documents. Also do not confirm your nationality or identity. Simply tell the agents you want to speak to a lawyer.

What is an Administrative Warrant?

The administrative warrants that ICE carries are vastly different from judicial warrants. ICE creates and signs their own warrants and so, there is no need for them to prove there is probable cause to search a person or property. Typically, the words “U.S. Department of Homeland Security” will appear at the top of the page. These warrants do not give ICE the authority to conduct a search and so, you can tell the agents that they cannot conduct a search.

Our Deportation Defense Lawyer in Tifton Will Protect Your Rights

It is important to know that you have rights when approached by ICE or other government officials. Our Tifton deportation defense lawyer will ensure that they are protected so you are not subject to unlawful search and seizures that could seriously harm your future in the country. For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611.

Source:

law.cornell.edu/wex/fourth_amendment