Identifying a Warrant

Identifying a Warrant

When may Immigration enter my home?

Immigration officers may NOT enter your home unless they have a “warrant.” A warrant is a document issued by a court or government agency. There are two types of the warrant — one for when they are coming to arrest you, and another for when they have permission from a judge to search your home. U.S. Immigration and Customs Enforcement (ICE) can issue arrest warrants, but only a court can issue a search warrant.

WARRANT EXAMPLES

When presented to a warrant by an officer:

If an officer knocks on your door, do not open it. Ask the officer through the closed door to identify himself.

Ask:

"Who are you with?"

"What agency are you with?"

The officer might say that he is with “Department of Homeland Security” or “U.S. Immigration and Customs Enforcement.” The officer might name another agency. NO MATTER WHAT, keep the door closed.

Through the closed door ask:

"Do you have a warrant?"

If they say “yes,” STILL DO NOT OPEN THE DOOR. Ask them to show you the warrant by slipping it under the door. When examining the warrant, look for

your name
your address
and a signature

This can help you decide whether or not the warrant is valid (true). The warrant will be in English. If you have trouble reading it or understanding it, get someone else in your house to help you read it or translate it, if possible.

If the Warrant is/looks Valid:

look to see if it was issued by a court or by U.S. Immigration and Customs Enforcement (ICE).
If the valid warrant was issued by a court and authorizes a search of your house, you should let the officer in the house.

If the Warrant is NOT Valid:

return the warrant under the door and say it is incorrect
Do not open the door

If the valid warrant looks like it was issued by Immigration and Customs Enforcement (ICE) but not a court, you have the right not to let the officer enter your house. If the warrant authorizes your arrest but not a search of your house, you may want to go outside to meet the officers but not let them in the house. This is especially important if you live with other people who might have immigration problems, because once you allow the officer into your house, they can ask questions of anyone else who is there, too.

When Interacting with the Officer:

DO:

Speak outside of your house to protect others in your household (ONLY IF WARRANT IS VALID AND ASKS FOR YOUR ARREST AND NO SEARCH FOR YOUR HOME)
Ask for a lawyer before saying anything to the officer(s)
Remain silent

DON'T:

Do not let officers in your home
Do not answer any questions they ask
Do not sign any papers
Do not provide identification
Do not carry any false documents with you at any time
Do not give the officer consent (permission) to enter your home

An officer is NOT ALLOWED to force you to consent (say yes to) to his entering your home. For example, if your house is surrounded by Border Patrol or Immigration cars with their lights flashing, and the officer is holding his gun as he asks for permission (your consent) to enter your home, and you say “yes” because you’re afraid, a court would probably not consider this to be valid consent.

How can I Protect myself if Immigration comes to my house?

If you hear that Immigration has been asking questions about you at your job or if you learn that Immigration is conducting an investigation at your job, it is possible that officers may show up at your house.

Make sure that someone you trust knows where you are, and that you know how to reach them in case of an emergency (if you have been detained by Immigration).

You and your family or close friends should have:

the names and phone numbers of good immigration attorneys posted near the telephone at home so that they can call the attorney in case you are detained.
Copies of your important papers (birth certificate, any immigration papers, etc.) at the home of a friend or relative whom you trust and can call in case you are detained.

How can I Protect myself if Immigration comes to my workplace?

Immigration officers are not allowed to enter your workplace — whether it is a factory, store, high rise, farm, or orchard — without permission from the owner or manager.

If an officer does get permission, the officer is free to ask you questions about your immigration status.

REMEMBER YOUR RIGHTS:

You have a right to keep silent. In most states, you don’t even have to tell the agent your name. (Although you may want to provide your name only so your family or attorney can locate you.)
You have the right to talk to a lawyer before you answer any questions. You can tell the officer, “I wish to talk to a lawyer,” in response to any question the officer asks you.
You do not need to tell the immigration officer where you were born or what your immigration status is.
You do not have to show the officer your papers or any immigration documents. If the officer asks you for your papers, tell the officer, “I wish to talk to a lawyer.”