Immigration warrants typically don't authorize entry onto private property
https://apnews.com/article/ice-immigration-arrest-warrants-093a91cf0d3b2a93247dd83e9e5fac03
Immigration warrants typically dont authorize entry onto private property
All law enforcement operations including those conducted by Immigration and Customs Enforcement and Customs and Border Protection are governed by the Fourth Amendment of the U.S. Constitution, which protects all people in the country from unreasonable searches and seizures. That means law enforcement is required to have a warrant before searching ones private property or arresting someone, regardless of immigration status.
But not all warrants are the same. Typically,
arrests carried out by Department of Homeland Security agencies are authorized by administrative warrants sometimes known as immigration warrants not judicial warrants.
Judicial warrants are issued by a court and signed by a magistrate or a state or federal judge. These warrants allow a relevant law enforcement agency to apprehend a specified individual in any context regardless of whether the person is on public or on private property. In other words, law enforcement is legally allowed to enter and search a home or business to make the arrest without the consent of the property owner once a judge signs off on the arrest.
By contrast, the
administrative warrants used in most immigration operations are sanctioned by an agency, officer or immigration judge, and dont allow law enforcement to forcibly enter private property to detain someone.
That means people can legally refuse federal immigration agents entry into private property if the agents only have an administrative warrant.
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