For many immigrants, the possibility of ICE agents arriving at their doorstep causes significant anxiety. While this situation is understandably stressful, being prepared can make a critical difference. Understanding your rights and the correct procedures to follow is not just advisable — it’s a vital form of protection for you and your family.
Recent immigration enforcement efforts have raised questions about the nature and authority of administrative warrants compared to judicial warrants. Many people are left wondering what role warrants play when it comes to ICE and the significance of the different types of warrants.
You’ve probably heard of arrest warrants, but those are usually talked about in the context of criminal cases. In criminal law, a warrant is typically required to arrest someone or search their property. These types of warrants must be issued by a judge; thus, they are also known as “judicial warrants.”
A judicial warrant is a document issued by a judge (or magistrate judge) that authorizes law enforcement officers to perform certain actions (like conducting a search, making an arrest, or seizing property). Judicial warrants are typically issued based on probable cause, which means there must be reasonable grounds to believe that a crime has been committed and that the action authorized by the warrant will yield evidence related to that crime. These warrants serve as a safeguard against unreasonable searches and seizures, ensuring that law enforcement actions are conducted within the bounds of the law and respect individuals’ constitutional rights. You can read more about judicial warrants in the context of criminal cases elsewhere on FindLaw.
But there are other types of warrants besides the judicial warrant, and you may not be as familiar with them. ICE (U.S. Immigration and Customs Enforcement) officers generally do not need a judicial warrant to arrest someone for immigration violations. They can issue what’s known as an administrative warrant, which is different from the judicial warrant that is typically required in criminal cases.
An administrative warrant doesn’t need to involve a judge or court at all (though an administrative law judge may review some). Instead, it’s issued by an administrative agency or official, as the name implies.
Typical reasons that an administrative warrant might be issued are for regulatory compliance inspections, health and safety inspections, code enforcement, and civil immigration enforcement — that’s where ICE comes in. Like other administrative agencies, ICE can issue administrative warrants, allowing ICE officers to detain individuals suspected of violating immigration laws.
Besides ICE, plenty of other agencies deal with administrative warrants, such as the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). It is not just federal agencies that issue administrative warrants; state and local authorities deal in the same. Apart from the common inspection warrants used for civil purposes, agencies will also issue other subsets of administrative warrants. For example, abatement warrants (to abate a nuisance or hazard) and tax warrants (to collect taxes or assess tax liabilities).
Administrative warrants are used for regulatory or administrative purposes, not criminal prosecution. Another difference is that administrative warrants generally have a lower standard than “probable cause,” which is required for judicial warrants. Finally, administrative warrants are based on statutory authority rather than Fourth Amendment requirements (like judicial warrants).
Judicial warrants typically deal with criminal law, whereas administrative warrants typically deal with civil law. That’s part of why the standard for a judicial warrant is higher: life and liberty are on the line. That’s also why judicial warrants will be in the form of either arrest warrants (to apprehend a suspect), search warrants (to search a specific location for evidence of a crime), or seizure warrants (to seize specific property or evidence related to a crime). Judicial warrants are considered more protective of individual rights, as they require a neutral judge’s independent review of the evidence and a finding of probable cause.
If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
