raids and operations by Immigration and Customs Enforcement (ICE) agents generate uncertainty in the immigrant community. Many people They are unaware of their rights and may feel compelled to open the door to their home when an officer demands it. However, not all warrants issued by ICE have the same legal validity.
It is crucial to understand the difference between a court order (i.e. signed by a judge) y an ICE administrative order (i.e., not signed by a judge, but simply signed by an administrative official) Only a court order signed by a judge forces you to allow authorities into your home.
If ICE knocks on your door, should you open it?
The answer depends on the type of warrant ICE agents present. If it is not a court order signed by a judge, you are not required to open your front door.
Before acting, the lawyers of the National Immigration Law Center recommend following these steps:
- Do not open the door. Ask officers to slide the warrant under the door or show it through a window.
- Check the document. If the warrant is signed by a judge and has the correct address, then it is a valid court order. That means you are required to open the door. Otherwise, the officers do not have the right to enter without permission. .
What is a court order?
A court order is an official document issued by a court and signed by a judge or magistrate. It is used to:
- Register a private property.
- Seize property.
- Arrest a person, provided there is probable cause that a crime has been or is being committed.
To be valid, the order must contain:
- The exact address of the place to be registered.
- The time period in which it should be executed.
- An accurate description of the person or property to be investigated.
- The signature of a judge or magistrate.
If the warrant does not meet these requirements, officers have no right to enter without consent.
Here you can see an example of a Court Order. Faced with an order like this, you will be obliged to open the door of your house:
Related: These organizations that offer legal help to immigrants in North Carolina
What is an ICE administrative order?
ICE also issues its own documents, known as “administrative orders” , which officers sometimes present as if they had the same legal weight as a court order. However, they do not.
Administrative orders are issued by the Department of Homeland Security (DHS) or by ICE , not by a court. This means that they are not signed by an independent judge, but by an immigration agent or immigration judge.
It is important to remember that:
- An ICE administrative order is not a court order.
- It does not give ICE the right to enter a home without consent.
Here you can see an example of an Administrative Order. Faced with an order like this, you will NOT be obliged to open the door of your house:
What to do if ICE presents an administrative order?
If an ICE agent comes to your home with an administrative order (i.e. not signed by a judge), it is essential to remain calm and remember your rights:
- Do not open the door. There is no obligation to do so.
- Clearly state that no consent is given for officers to enter.
- If officers have already entered, ask them to leave and state that a search is not authorized.
- Consult with a lawyer as soon as possible.
- Never engage in a physical confrontation with the officers. Simply state clearly that you do not give them consent to be in your home.
Understanding the difference between a court order, an arrest warrant, and a search warrant can help you know your rights during an encounter with immigration agents. Learn to identify the different types of orders and what each one means..
If you have any questions, comments, or would like us to expand the information on what you should do if ICE comes to your home, let us know in the comments or write to us at our whatsapp channelWe will listen to your concerns and respond as soon as possible.
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