During immigration raids in the United States, ICE agents may present two different types of warrants to try to justify the arrest: an administrative warrant or a judicial warrant.

Although both documents may appear similar at first glance, they involve very different legal processes and offer different levels of authority. In any case, it is essential that you know what each one entails.

What is an administrative warrant issued by ICE?

This civil document is issued by the Department of Homeland Security (DHS), which allows ICE to arrest a person suspected of being in the country illegally.

For her part, Maureen Sweeney, a professor at the Francis King Carey School of Law at the University of Maryland, adds that administrative warrants do not require the same evidence as a court order, and therefore, have limitations.

One of the main ones: they do not authorize agents to enter a private home or business without the explicit consent of the occupant.

Atlanta-based immigration attorney Charles Kuck explains: “If ICE knocks on the door and says, ‘We want to come in,’ they must request a warrant.”

Even if a person slightly opens the door to see the document, they would already be consenting to entry, which could result in immediate detention.

Furthermore, these warrants are not enforceable against third parties, such as employers, who are not obligated to provide information or allow access based solely on an administrative order.

What about a court or criminal warrant?

Unlike an administrative warrant, a criminal or judicial warrant does allow officers to enter private property without consent, provided it is issued by a judge.

To obtain one, it is necessary to demonstrate probable cause of a crime.

John Gihon, a former ICE attorney and current co-chair of the American Immigration Lawyers Association's national ICE committee, points out that an officer must testify under oath before a judge signs it. This type of warrant is more specific, so it must include the exact location to be searched and is valid for a specific period. Although being an undocumented immigrant is a civil offense, authorities can request criminal warrants when investigating potential crimes, such as the intentional employment of undocumented workers. And now for the million-dollar question: Can ICE arrest an immigrant without a warrant? According to the Immigration and Nationality Act, agents can, but only in certain cases. John Gihon explains that this occurs, for example, when an officer witnesses an immigration violation or when they believe a person is deportable and might flee before a warrant is obtained. In the current landscape, this exception has been widely used. Experts recommend that everyone know their basic rights in the event of an ICE visit and not open the door without first verifying the type of warrant being presented.

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