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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:

An image showing a legal document that says "United States District Court" at the top and "Search and Seizure Warrant" toward the middle.
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:

A legal document with "SAMPLE" in large red letters going diagonally across the text. The document say "U.S. Department of Homeland Security" and "Warrant for Arrest of Alien" across the top.
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:

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