For an undocumented immigrant in the United States, one of the greatest fears can be an encounter with immigration agents. However, not all warrants have the same scope or grant the same powers to the authorities.

What types of orders exist and how do they differ? Knowing this information can help you understand when immigration officers may to arrest a person or enter a dwelling.

Immigration and Customs Enforcement (ICE) officers can conduct operations in various locations, but their authority depends on the type of warrant they present. Generally speaking, there are two key documents: the detainer, used to arrest a person, and the search warrant, which authorizes entry and search of a residence when issued by a judge.

Arrest and search warrants: what they are and how they differ

There are two types of orders that immigrants should be aware of. The first is a detention order, which authorizes the arrest of a person. The second is a search warrant , Also known as search warrant or warrant , which allows authorities to enter and search a home when it has been issued by a judge.

There are two types of warrants that immigrants should be aware of. The first is a detention warrant, which is used when authorities come to arrest you. The second is a search warrant, also known as a warrant, which is used when an officer has a judge's permission to enter and search your home.

Immigration and Customs Enforcement (ICE) can issue detainers. A search warrant can only be issued by a judge or a court.

If the order was issued by ICE and not by a judge, you can refuse to let them into your home.

If the officers present a warrant, it is an arrest warrant and not a search warrant issued by a judge. It is advised that, if you decide to speak with the officer, you leave the residence to speak with him, without letting him enter your home.

This recommendation is especially important if you live with other people who might also face immigration problems, because once you have authorized agents to enter your home, the officer will have the right to question anyone else present, as indicated by the National Immigration Law Center.  

How to identify a court order and an ICE administrative order

The following images show examples of the documents that authorities might present during a raid. Check who issued the warrant, whether it is signed by a judge, and what type of document it is before allowing them into your home.

Warrant

Court order

Arrest warrant signed by a judge

ICE warrant

PODCAST

After the storm

A year ago, Hurricane Helene struck western North Carolina. The Latino community responded with something stronger than the storm: solidarity. 

🎧 In this episode, learn how Latino organizations transformed crisis into resilience.

▶️Press play to listen!

Republish This Story

Republish our stories for free on your website or newspaper. We follow the Creative Commons license. Click the box and follow the instructions.

close window

Republish this article

This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.

"This article may be republished for free under the Creative Commons license CC BY-NC-ND 4.0. Enlace Latino NC authorizes the reproduction of this content in newspapers and digital platforms, provided that the integrity of the text is maintained and that it is cited Enlace Latino NC and the author of the story to be republished as the primary source. If you publish the story in a digital news outlet or website, you must include a link to our website: www.enlacelatinonc.org

If you wish to make edits to the content to be republished, please contact our editorial team at walter@enlacelatinonc.org to obtain the corresponding permit."

What is the difference between an arrest warrant and a search warrant?

by Paola Jaramillo, Enlace Latino NC
July 13, 2019

Enlace Latino NCJuly 13, 2019 For an undocumented immigrant in the United States, one of the biggest fears can be an encounter with immigration agents. However, not all orders have the same scope or grant the same powers to the authorities. What types of orders exist and how do they differ? Knowing this information can help you understand when Immigration agents can detain a person or enter a home. Immigration and Customs Enforcement (ICE) officers can conduct operations in various locations, but their powers depend on the type of warrant they present. In general terms, there are two key documents: the arrest warrant, used to arrest a person, and the search warrant, which authorizes the entry and search of a home when it has been issued by a judge. Arrest and search warrants: what they are and how they differ There are two types of orders that immigrants should be aware of. The first is the arrest warrant, which authorizes the arrest of a person. The second is the search warrant , also known as a search or seizure warrant , which allows authorities to enter and search a home when it has been issued by a judge. There are two types of orders that immigrants should be aware of. The first one is the arrest warrant, it's for when they come to arrest him. The second is the search warrant, also known as a search warrant, which is when the officer has permission from a judge to enter and search your home. Immigration and Customs Enforcement (ICE) can issue detention orders. A search warrant can only be issued by a judge or a court. If the order was issued by ICE and not by a judge, you can refuse to let them into your home. If the officers present a warrant, it is an arrest warrant and not a search warrant issued by a judge. It is advised that, if you decide to speak with the officer, you leave the residence to speak with him, without letting him enter your home. This recommendation is especially important if you live with other people who might also face immigration problems, because once you have authorized agents to enter your home, the officer will have the right to ask questions of any other person present, according to the National Immigration Law Center .   Know your rights: If immigration agents come to your home, know when a court order requires you to open the door and when an ICE administrative warrant is not sufficient to enter your home . How to identify a court order and an ICE administrative order The following images show examples of the documents that authorities might present during an operation. Check who issued the order, whether it is signed by a judge, and what type of document it is before allowing entry into your home. Arrest warrant If the arrest warrant was issued by ICE but not by a court (below) you have the right to prohibit the officer from entering your home. Image courtesy of SEIRN Court Order Court Orders used by the authorities. Courtesy of SEIRN Arrest warrant signed by a judge Example of an arrest warrant signed by a judge ICE warrant Arrest warrant signed by ICE. With this order, agents can only enter your home if you authorize them. This <a target="_blank" href="https://enlacelatinonc.org/cuales-son-las-diférencias-entre-las-ordenes-de-detencion/">article</a> first appeared on <a target="_blank" href="https://enlacelatinonc.org">Enlace Latino NC</a> and is republished here under a <a target="_blank" href="https://creativecommons.org/licenses/by-nd/4.0/">Creative Commons Attribution-NoDerivatives 4.0 International License</a>.<img src="https://i0.wp.com/enlacelatinonc.org/wp-content/uploads/2019/01/cropped-ICO.png?resize=150%2C150&amp;ssl=1" style="width:1em;height:1em;margin-left:10px;"> <img id="republication-tracker-tool-source" src="https://enlacelatinonc.org/?republication-pixel=true&post=4991&amp;ga4=G-3EB91P98MG" style="width:1px;height:1px;"><script> PARSELY = { autotrack: false, onload: function() { PARSELY.beacon.trackPageView({ url: "https://enlacelatinonc.org/cuales-son-las-differences-entre-las-ordenes-de-detencion/", urlref: window.location.href }); } } </script> <script id="parsely-cfg" src="//cdn.parsely.com/keys/enlacelatinonc.org/p.js"></script>

Copy to clipboard