With ICE ramping up its raids across the United States, especially after the shooting death of Renee Nicole Good in Minneapolis, Minnesota, questions have been raised about whether agents can enter a home or a business without a warrant. Amid the raids, it is important for residents to know what ICE agents can and cannot legally do.
Good, a 37-year-old mother of three, was gunned down by federal agent Jonathan Ross after she allegedly struck him with her vehicle. While Democrats condemned the killing, President Donald Trump and the Department of Homeland Security claimed that Ross shot Good in self-defense.
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Can ICE enter a home or business without a warrant?
According to the Native American Rights Fund, ICE agents can enter the public space of any workplace without any type of warrant, but cannot “legally enter the private space of a workplace unless they have the permission of your employer or a judicial warrant.” While private spaces include employee-only areas, public spaces where ICE can enter without a warrant can include an office lobby, a supermarket, retail store, or dining area of a restaurant.
The Office of the New York State Attorney General, Letitia James, reiterated the same points. “ICE cannot legally enter a private space of your workplace without a judicial warrant or your employer’s permission,” the website said, listing the following points:
- A private space is an employees-only area where members of the public are usually not allowed.
- This protection applies to the private spaces in factories too, as well as on farms.
- Private offices, breakrooms, storage rooms, and back-of-house kitchens are considered typical private spaces.
- Indicators that a space is private could include posting of “Private” signs, locked doors, and policies stating that visitors and the public cannot enter those spaces without permission.
ICE agents are also not permitted to enter private spaces with an administrative (not judicial) warrant. The Office of the New York State Attorney General said, “An administrative warrant does not give ICE the legal authority to enter a private space without the employer’s consent. If ICE agents present an administrative warrant, you do not have to let them enter private spaces in your workplace.”
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While a judicial warrant is a “warrant from a court that is signed by a judge or, in some cases, a clerk,” an administrative warrant “bears the seal of the Department of Homeland Security, Immigration and Customs Enforcement, or the Department of Justice and is signed by an immigration official,” per the website. Administrative warrants are not issued from a court and are not signed by a judge.
If federal agents come to your home, you must remember that they need a judge-signed warrant with your name and address to enter, according to the Immigrant Law Center. You can ask the ICE agents to show you the warrant through the window or under the door, and if they do not have a valid warrant, you have the right to keep your door closed.