WARRANTS AND SUBPOENAS: What to Look Out for and How to Respond

National Immigration Law Center

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The National Immigration Law Center's report, WARRANTS AND SUBPOENAS: What to Look Out for and How to Respond explains the difference between legal documents that immigration officers might show you.  It's important to know your rights.

Immigration officers from Immigration and Customs Enforcement (ICE), Customs Board Patrol (CBP), or United States Citizenship and Immigration Services (USCIS) might show you a warrant or subpoena.  

  • A warrant-lets them search your home or arrest someone.  A judicial warrant from a judge must be followed. An immigration (administrative) warrant doesn't allow them to search your home without your permission, so you can refuse entry.

Photo of Sample Judicial Warrant vs. Administrative Warrant

  • A subpoena-asks for documents or testimony. A judicial subpoena from a court must be followed. An immigration subpoena is not immediately enforceable; you don't have to comply unless a judge later orders you to.

If immigration officers come to your door:

  • Don't open the door unless they have a valid judicial warrant.

  • Carefully review any documents they give you.

  • Contact a lawyer immediately for advice.

  • You have the right to remain silent and refuse to answer questions.

The report uses a real example of a school successfully resisting an immigration subpoena by understanding the laws and seeking legal help.  It strongly recommends that parents and schools learn about their rights to protect themselves and their children.

Read the full report here

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