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!
- 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
- 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”