Judicial vs. Administrative Warrants

Both judicial and administrative warrants are legal orders that authorize searches and seizures, but they differ significantly in their purpose, the level of proof required, and the issuing authority. By grasping the differences between judicial and administrative warrants, you’ll be better equipped to navigate situations where these legal orders may arise, ensuring you understand your rights and obligations. Let’s take a closer look.

Judicial Warrant

A judicial warrant is an official court order signed by a judge or magistrate that authorizes a search of private property, seizure, or arrest based on probable cause that a crime is being committed or has been committed.

A judicial warrant will:

• Specify the specific address to be searched.
• Specify the time period in which the search must take place.
• Particularly describe the place or person, or both, to be searched and things to be seized.
• Be issued by a court and signed by a Judge or magistrate.

Here is an example of a Judicial Warrant:

Administrative Warrants

An ICE administrative warrant is a document, issued by a federal agency such as Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE), purporting to document their authority to arrest a person suspected of violating immigration laws. These administrative documents are not signed by a neutral magistrate or judge but rather an immigration officer like an ICE agent or immigration judge.

• An ICE administrative warrant is NOT a judicial warrant. ICE administrative warrants do not give ICE officials authority to enter a place where there is a reasonable expectation of privacy, without consent.
• If this happens—state clearly that you do not consent to them entering but do not physically resist. If ICE officials have already entered, then ask them to leave and state that you do not consent to a search.

Here is an example of an ICE administrative warrant which DOES NOT authorize agents to enter your home

Know Your Rights!

We hope this information empowers you and helps you feel prepared should you ever encounter Immigration and Customs Enforcement (ICE). Remember your rights and take steps to protect yourself and your loved ones. If you need assistance or have any questions, please don’t hesitate to contact us.

We’re here to support you throughout this process!