What are the different kinds of ICE warrants?

Physicians Practice: So what's the difference between an administrative warrant and a judicial warrant? And why does it matter?

Katie P. Russell, J.D.: It's so important—and it's often very confusing. Remember, if agents or law enforcement, including ICE, show up to a practice or office, it’s going to throw people off. It can be really disorienting.

A couple of very important pointers about the difference between these two types of warrants: an administrative warrant, such as a form that ICE would issue, does not itself authorize entry into private spaces. That’s something they would need to present to you. Whatever documentation is presented by the ICE officer, you should carefully look to see whether it’s a form that starts with an “I” followed by some numbers, or if it has “CBP” or “ICE” or something designating the U.S. Department of Homeland Security. If that’s the case, it’s likely an administrative warrant.

A judicial warrant, on the other hand, is signed by a judge and will have more specificity as to what the agents are authorized to do. It must include the judge’s signature and the court heading. An administrative warrant does not have judicial authority, so it’s not enforceable for entering private areas.

The challenge with warrants is that they can look somewhat similar, and their appearance can vary. That’s why having some training in advance is so important. Our firm—and any immigration attorney—can provide examples of what these warrants look like and help practices identify the right steps to take. It’s essential to have someone available to escalate that communication to and verify the warrant so staff don’t inadvertently waive rights or violate someone else’s rights by simply saying, “Okay, just go right on in.” You have to make sure the gatekeeping function of those warrants is safeguarded.