What Are Immigration Warrants and Subpoenas?

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Immigration enforcement is becoming more aggressive—and knowing your rights is more important than ever. ICE, CBP, and USCIS are using warrants and subpoenas to pressure individuals and organizations into compliance. 

But did you know that not all warrants or subpoenas have to be obeyed?

This guide will help you understand the difference between judicial and administrative immigration documents and how to respond if immigration officers show up at your door.

What Are Immigration Warrants and Subpoenas?

The Department of Homeland Security (DHS) and its agencies—ICE (Immigration and Customs Enforcement), CBP (Customs and Border Protection), and USCIS (U.S. Citizenship and Immigration Services)—use legal documents to demand information, conduct searches, and detain individuals. However, their power is limited by the Fourth Amendment, which protects against unreasonable searches and seizures.

Let’s break down the two most common tools used by immigration enforcement: warrants and subpoenas.

Judicial vs. Administrative Warrants

A. Judicial Warrant (MUST COMPLY)
1. Issued by a federal or state court
2. Signed by a judge or magistrate
3. Allows authorities to search, seize, or arrest
4. Must be followed—failure to comply can result in legal penalties

B. Administrative Warrant (DO NOT HAVE TO COMPLY)
- Issued by DHS (ICE, CBP, or USCIS)
- Signed by an immigration officer or judge
- Does not authorize a search—officers cannot enter private spaces
- You can refuse entry and request legal assistance

Key Tip: If an officer presents a warrant, check who signed it and which agency issued it. If it’s from DHS, it’s likely not a judicial warrant, and you do not have to comply.

Judicial vs. Immigration Subpoenas

A. Judicial Subpoena (MUST COMPLY)
1. Issued by a court
2. Orders a person to provide testimony or documents
3. Failure to comply can lead to legal consequences

B. Immigration Subpoena (DO NOT HAVE TO COMPLY RIGHT AWAY)
1. Issued by ICE, CBP, or USCIS
2. Requests testimony or records but is not immediately enforceable
3. If not complied with, DHS must go to court to force compliance

Key Tip: If you receive an immigration subpoena, you do not have to respond immediately. Speak with a lawyer before taking any action.

How to Respond if ICE or CBP Comes to Your Door

If immigration officials come to your home, business, or workplace, stay calm and remember these steps:

1. Do NOT open the door—opening it could be considered consent for a search.
2. Ask them to slide the document under the door or hold it up to a window.
3. Check who signed it—if it’s an administrative warrant, you do not have to comply.
4. Do not sign anything without speaking to an attorney.
5. If they enter without permission, state clearly: “I do not consent to this search.”
6. Call a lawyer or a community legal aid organization immediately.

Pro Tip: If you’ve been in the U.S. for more than two years, always carry proof of your physical presence to avoid expedited removal.

Case Study: How One School Fought Back

In 2010, Liberty High School in New York City received an immigration subpoena demanding student records. The school, unsure of the law, was pressured into compliance. However, an immigration attorney challenged the subpoena in court and secured an emergency restraining order, blocking ICE’s request.

Lesson Learned: Immigration subpoenas do not have to be followed unless enforced by a court. Legal action and media attention can stop unlawful enforcement.

Know Your Rights & Protect Your Community

1. Do not comply with immigration subpoenas unless ordered by a court.
2. Check if a warrant is judicial or administrative before taking action.
3. If ICE shows up, stay silent, do not sign anything, and call a lawyer.
4. Educate schools, workplaces, and community members about their rights.

Need Help? Contact Right Way Immigration Law Firm

If you or someone you know is facing immigration enforcement, contact an immigration attorney immediately.

📞 Call us now at 412 292-9262
📩 Schedule a consultation here 

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