The 4th Amendment of the Constitution protects against search, seizure, and arrest without probable cause and does not permit police or Immigration & Customs Enforcement (ICE) agents to enter homes without judicial warrants or consent. Judicial warrants can include arrest warrants (to arrest a specific person) or search warrants (to search a home, for example).

WARNING: It is very rare that ICE would be able to obtain a judicial warrant. ICE agents sometimes present a document that says “warrant” on it but is not a judicial warrant. In order to be prepared, here’s how to know the difference!

Administrative Warrant

• Does not allow ICE entry!
• Signed by an ICE supervisor and not by a judge
• May have “U.S. Department of Homeland Security” at top

Judicial Warrant

• Allows ICE to enter the home
• Signed by a Judge
• Will have name of a state of federal court at the top such as “Supreme Court of the State of New York”