Administrative vs. Judicial Warrants – When Can Federal Agents Enter Private Homes, Businesses and Non-Public Places

Our criminal defense law firm has received a lot of questions regarding Immigration and Customs Enforcement (ICE) and the agency’s jurisdiction within the City of Philadelphia and the surrounding areas with Pennsylvania and New Jersey. 

Federal Agents are currently conducting enforcement raids through the Commonwealth of Pennsylvania and the State of New Jersey.  While Governors of both states as well Mayors of major cities like Philadelphia have publicly criticized these actions and refused to comply with them, there isn’t much they can do to stop them. 

The Powers of Immigration and Customs Enforcement (ICE) within States – Current Policy

ICE can continue to arrest illegal immigrants and other undocumented persons.  Following these arrests, the federal government can remove these persons from the country through the deportation process.  More than 1,000 have been arrested and removed from the country already after President Trump revoked a prior policy that prohibited arrests by federal agents at or near schools, places of worship and other “sensitive locations.”

The current policy allows ICE agents to enter public areas without permission. Examples of public areas include lobbies, dining areas in restaurants and waiting rooms.  These agents, however, cannot enter private areas — such as a home or an employee-only area like a breakroom — without permission or a judicial warrant signed by a judge.  

This, however, does not stop these federal agents from simply waiting outside for unauthorized immigrants to come outside of their homes to arrest them.  They can also try to persuade homeowners or business owners to give them entry; many citizens are letting federal officers inside the premises as these agents often provide owners with information about crime which is directly linked to the person inside 

Warrant Searches

Customs and Border Patrol agents can enter and search buses, trains, boats and aircraft within 100 miles of a land or sea border without a warrant. These federal powers would allow these agents to enter these areas that could often require warrants. 

Judicial vs. Administrative Warrants – Probable Cause

While judicial warrants require probable cause.  An administrative warrant is issued by a federal agency, such as ICE or CBP, and enables an officer to make an arrest or seizure, but it does not authorize a search of an area.  Administrative warrants do not require probable cause.

An administrative warrant is NOT the same a judicial warrant. ICE administrative warrants do not give ICE officials authority to enter a place where there is a reasonable expectation of privacy such as a home, business, or a private space, without consent from the owner.  Federal Agents can, however, simply wait for illegal persons to exit the building or premises to make their arrest.    

A judicial warrant is a court order signed by a judge or magistrate that authorizes a search of private property, seizure, or arrest based on probable cause that a crime is being committed or has been committed.  A judicial warrant must:

• Specify the specific address to be searched.
• Specify the time period in which the search must take place.
• Particularly describe the place or person, or both, to be searched and things to be seized.
• Be issued by a court and signed by a Judge or magistrate.

Can Local Authorities Stop Federal Agents?     

While local officials can publicly object to federal agents entering their jurisdictions, they cannot stop them from taking action within their State, County or City.