Do ICE agents need a signed judicial warrant to enter private property? | Fact brief

Under the Fourth Amendment, law enforcement generally must have a warrant signed by a judge to enter a private residence or other nonpublic areas without consent.

Immigration and Customs Enforcement agents may enter without a judicial warrant if a resident voluntarily consents. Circumstances such as an immediate safety threat or active pursuit can allow entry, but legal experts say those exceptions rarely apply to routine immigration arrests.

ICE commonly uses administrative warrants issued by the Department of Homeland Security. Those authorize an arrest but do not permit entry into a home without consent. Only a judicial warrant, signed by a judge or magistrate and listing the address, allows forced entry.

Legal rights groups advise not consenting to entry and instead asking agents to slide any warrant under the door or hold it up to a window. They also recommend documenting the encounter to preserve evidence for possible legal action.