ICE Encounters

Warrants and Subpoena Information

• A judicial warrant is a formal written order authorizing a law enforcement officer to make an arrest, a seizure, or a search. A judicial warrant is issued by a judicial court. Courts that issue judicial warrants include both state and federal courts, such as a “Superior Court of California” or a “U.S. District Court,” and a judicial warrant is signed by a judge or magistrate judge (not am immigration judge; warrants signed only by an immigration judge are administrative warrants described below). Judicial warrants must be complied with, and there are serious consequences for refusing to comply with a judicial warrant. Note that a warrant signed by an immigration judge is not a judicial warrant.
• An administrative warrant is a formal written document authorizing a law enforcement officer from a designated federal agency, such as an ICE agent from DHS, to make an arrest or a seizure. An administrative warrant is issued by a federal agency such as DHS and can be signed by an “immigration judge” or an “immigration officer.” Unlike a judicial warrant, an administrative warrant does not authorize a search. Therefore, an ICE agent who has only an administrative warrant may not conduct a search based on the warrant, though, in certain circumstances, the administrative warrant would authorize the agent to make a seizure or arrest.
• A judicial subpoena is a formal written order directed at a person to compel: (1) his/her/their testimony as a witness in court or in a deposition or (2) the production of evidence under a penalty for failure to comply. A judicial subpoena is issued by a judicial court. Courts that issue judicial subpoenas include both state and federal courts. Judicial subpoenas must be complied with, and there are serious consequences for refusing to comply with a judicial subpoena. However, it’s possible that not everyone who works for or is associated with a particular entity is authorized to accept a judicial subpoena directed at the entity. Therefore, it is important to check your entity’s internal employment policies to understand how to respond to and comply with a judicial subpoena. Note, a subpoena signed by an immigration judge or issued by an immigration court is not a judicial subpoena. [Additional note – typically a subpoena allows a length of time in which to respond, so production of records does not need to happen immediately and legal advice can be sought.]
• An administrative subpoena is a formal written document directed at a person to compel (1) his/her/their testimony as a witness in an investigation or (2) the production of evidence. However, an administrative subpoena is issued by a federal agency such as DHS and can be signed by an “immigration judge” or an “immigration officer.” Unlike a judicial subpoena, there is no immediate requirement to comply with an administrative subpoena, even if the issuer was an “immigration judge”; penalties for failure to comply may occur only if the issuer takes additional steps to enforce the subpoena in federal district court.