Learning for Providers: Warrants 101

Warrants 101

There are 2 types of "warrants," one which has legal authority and one which does not.

Administrative/ICE Warrants or Detainers

Form issued by certain immigration officers that directs federal agents to arrest an allegedly deportable non-citizen. Because it is not reviewed by a judge or any neutral party to determine if it is based on probable cause, an administrative warrant is NOT a real warrant & doesn't have to be obeyed

Federal/Judicial Warrants

This is a written order signed by a court that validates any search, seizure, or arrest by local law enforcement, and must always be accompanied by a sworn statement made by an officer under oath that probable cause exists. A judicial warrant must be followed.

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