National Immigration Law Center releases guidance on Warrants and Subpoenas

Understanding Immigration Warrants and Subpoenas: Know Your Rights

In recent years, immigration enforcement agencies like ICE, CBP, and USCIS have ramped up aggressive tactics to intimidate and coerce immigrants into cooperation. Distinguishing between different types of warrants and subpoenas is crucial for immigrants to exercise their rights and avoid unlawful searches and seizures. This fact sheet aims to provide clarity on these legal documents and offers essential guidelines on how to respond when confronted with them. Below are the key points discussed in the article:

  • Immigration Enforcement Powers: ICE, CBP, and USCIS share the same immigration enforcement powers, which are limited by the Fourth Amendment.

  • Judicial vs. Administrative Warrants: Understanding the difference between judicial warrants issued by courts and administrative warrants issued by immigration agencies is vital.

  • Judicial vs. Administrative Subpoenas: Similarly, it's important to know the distinctions between judicial subpoenas that compel compliance and administrative subpoenas that do not.

  • Responding to Warrants and Subpoenas: Practical advice on what to do if immigration authorities come to your door with a warrant or subpoena.

  • Case Study - Liberty High School: An example of how schools and advocates can successfully block immigration subpoenas to protect immigrant students.

  • Fourth Amendment Protections: Ensuring that all searches and seizures are reasonable and meet legal standards.

For a comprehensive understanding and detailed guidelines, read the full article here.

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