Judicial Warrants and Immigration Warrants
In the United States, all people have a right to privacy in their home, no matter their immigration status.
This means that law enforcement, including federal immigration officers like Immigration and Customs Enforcement (ICE), cannot come in to your home unless:
- You give them permission, or
- A judge gives them permission and a paper called a judicial warrant.
A judicial warrant is an legal document that gives law enforcement permission to do something, like arrest someone or search a home.
ICE officers often carry another kind of warrant, called an immigration warrant or an administrative warrant.
An immigration warrant does not allow ICE officers to come into your home without your permission.
Knowing the difference between these two kinds of warrants is very important.
How to recognize a judicial warrant
Judicial warrants may look different depending on which court created them, but they have clear signs to look for. This is an example of a judicial warrant:
What to look for if it's a judicial warrant:
- It will have the name of a judicial court. An immigration court is not a judicial court. A judicial court will have a name that includes:
- "United States District Court" or
- "Circuit Court" and the name of a county in Oregon.
- It will be signed by a state or federal judge (not an immigration judge) or a federal magistrate.
- It will have a specific address that can be searched or a person to be arrested. Make sure it's your address listed or you are the person named in the the warrant.
How to recognize an immigration warrant
Immigration warrants come from a government agency not a judicial court. They do not give law enforcement the right to enter your home without your permission. This is an example of what an immigration warrant may look like:
What to look for if it's an immigration warrant:
- Look for the name "U.S. Department of Homeland Security" somewhere on the document, most likely at the very top or on an official seal (a round image with words)
- It will say "Warrant for Arrest of Alien" or "Warrant for Removal/Deportation" somewhere on the document
- It will likely have the words "Form I-205" in small letters on the bottom right of the paper.
- It will be signed by an immigration judge or an immigration officer.
More Immigration Articles:
Know Your Rights: What to Do When Stopped by Immigration
Learn about your rights when dealing with federal immigration officers, such as Immigration and Customs Enforcement (ICE), whether they are at your home or stop you somewhere else.What To Know If You're an Immigrant Stopped by Police in Oregon
If you're an immigrant and you're stopped by police in Oregon, it's important to know your rights and what to do.What Happens After Someone is Arrested By Immigration
A brief guide to what may happen after someone is arrested by Immigration and Customs Enforcement (ICE).Oregon's Sanctuary Laws and Protections
Learn about Oregon’s "sanctuary" laws and how they protect immigrants from unfair treatment by state and local officials.How to Find Immigration Legal Help
Learn how to find trusted legal for your immigration needs and get connected to free or low-cost legal help in Oregon.