What Immigrants Need to Know About ICE and Warrants

A recent CNN article spotlighted the surge of immigration enforcement tactics during President Trump’s second term. From masked officers to large-scale workplace raids, immigration authorities have intensified their efforts to detain and deport tens of thousands of people.

Against this backdrop, “Know Your Rights” flyers and community trainings have multiplied in schools, businesses, and neighborhoods. The key message: ICE cannot enter your home or private business without a judicial warrant signed by a judge. This protection comes from the U.S. Constitution’s Fourth Amendment, which applies to everyone—citizens and noncitizens alike.

But not all warrants are created equal. Immigration lawyers stress the importance of understanding the difference between administrative warrants and criminal warrants.

Administrative Warrants: ICE’s Common Tool

An administrative warrant is the type most often used by Immigration and Customs Enforcement (ICE). It’s typically called a “Warrant for Alien Arrest” and is issued internally by the Department of Homeland Security, not by a judge.

Key facts about administrative warrants:

• Signed by an ICE officer, not a judge.

• Usually includes the name and picture of the person ICE wants to detain.

• Valid for making arrests in public places, but does not allow ICE to enter homes or private businesses without consent.

• Not enforceable against employers or third parties asked to provide documents.

Immigration lawyers emphasize that if ICE comes to your door with only an administrative warrant, you do not have to let them inside. Even cracking the door open can be considered consent to enter, so it’s best to keep the door closed.

Criminal Warrants: Judge-Signed and Specific

By contrast, a criminal (judicial) warrant carries much more authority. These warrants require a judge’s signature based on probable cause that a crime has been committed.

Criminal warrants must:

• Be highly specific about the location to be searched (e.g., the exact apartment number).

• Have a limited time period in which they’re valid.

• Be based on sworn evidence presented to a judge.

Criminal warrants are often used in large workplace raids. For example, in the raid at a Hyundai battery plant in Georgia earlier this year, authorities obtained a search warrant targeting specific individuals but ultimately arrested hundreds of others in what’s known as “collateral detention.”

Can ICE Arrest You Without a Warrant?

Yes, under certain circumstances. Immigration law allows ICE to arrest without a warrant if:

• An officer personally witnesses someone violating immigration law.

• There’s reason to believe the person is removable and may flee before a warrant can be obtained.

This authority is broad, and in practice, ICE has used it to justify mass arrests and street-level detentions. Critics argue it opens the door to racial profiling and constitutional violations.

📌 Know Your Rights Checklist

• Do not open the door unless ICE shows a judicial warrant signed by a judge.
• Stay silent. You don’t have to answer questions about your immigration status.
• Ask, “Am I being detained?” If not, you are free to leave.
• Do not sign anything without talking to a lawyer.
• Stay calm and do not run. Running can be used against you.
• Call an attorney as soon as possible for guidance.

“Know Your Rights” Matters More Than Ever

Community advocates encourage people to stay calm if approached by ICE. You have the right to:

• Remain silent. (Anything you say can be used against you.)

• Refuse entry to your home or private business without a judicial warrant.

• Ask, “Am I being detained?” If the officer won’t answer, repeat the question until you receive a clear response.

Public schools, unions, and community groups across the country are distributing flyers in multiple languages to make sure immigrants and their families know these rights.

Harmony Law Can Help

Immigration enforcement is complex, fast-changing, and often frightening. At Harmony Law, we are committed to protecting the rights of individuals and families in Arizona and beyond. Whether you’re facing an ICE encounter, concerned about workplace raids, or simply want to understand your options, we can help.

Not a resident of Arizona? Harmony Law may help connect you with one of our trusted immigration attorneys in other states.

Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.