By: Rachel E. Fairley and Kerri A. Wright
Many home care agencies have expressed concerns about how to respond if U.S. Immigration and Customs Enforcement agents appear at their office — or worse, at a client’s home. Knowing how to handle properly such a situation will protect your business, your staff and your clients. One of the most important elements in these interactions is understanding what type of warrant, if any, ICE agents present. This article summarizes the two main types of warrants and explains what home care agencies need to know.
There are two main categories of warrants ICE may present: judicial warrants and administrative warrants. These differ significantly in authority, legal requirements and what actions they permit ICE to take. Understanding these key differences will ensure your home care agency is prepared. So, what are the differences?
Judicial Warrants
A judicial warrant is an official warrant issued by a judge. A judicial warrant will have the name of the issuing court at the top, e.g., “United States District Court for …” and, in the context of federal immigration enforcement, it will be signed by a federal judge, such as a United States District Judge or a United States Magistrate Judge. Typically, the corresponding abbreviation “U.S.D.J.” or “U.S.M.J.” will sit below the signature line. A federal judge’s approval of the warrant is an important due process protection that comes from the Fourth Amendment to the Constitution, which guards against “unreasonable searches and seizures.” The Fourth Amendment requires government authorities, such as ICE, to establish reasonableness by demonstrating to a judge “probable cause” in connection with whatever they aim to search or seize. If a judge has signed the warrant, that judge has determined that there is “probable cause” for the authorities to execute the warrant by conducting a search or seizure.
A judicial warrant will specify whom or what the government may seize or what premises it may search. The warrant will further indicate a timeframe within which the search must be conducted, a description of the search area and the items to be searched for and seized. If ICE has a signed judicial warrant that, for example, specifies a place to be searched or a person to be arrested/detained, it is lawful for ICE to enter the designated premises to search for and/or arrest/detain the individual identified in the warrant.
Importantly, while the contents of a warrant authorize access, they also establish limitations. ICE is confined to the parameters of the warrant, and ICE agents are not permitted to go beyond them. This means, for example, that ICE may only arrest/detain the individual named in the warrant or search the location specified in the warrant. Therefore, if ICE presents with a signed judicial warrant, the agency point person should take time to evaluate it, with the support and consultation of legal counsel, and should prepare to cooperate in the manner specified.
Administrative Warrants
A more common type of warrant that ICE officials carry is an administrative warrant. An administrative warrant is very different in scope and effect from a judicial warrant. ICE agents are not required to establish “probable cause” to convince a judge to sign the warrant. Rather, ICE agents produce their own administrative warrants, such as a Form I-200 Warrant for Alien Arrest. An administrative warrant will bear a “Department of Homeland Security” indication rather than the name of an issuing court; and it will be signed by an ICE agent, rather than a judge. Administrative warrants do not authorize ICE agents to enter private premises without owner/operator consent due to Fourth Amendment protections. Should an ICE agent present an administrative arrest or removal warrant, business officials are not required to permit the agent to enter any non-public area of the premises to locate any specific individual or documentation. Any interior part of a place of business (e.g., beyond the lobby or main office) would generally be considered “non-public.” However, in the event ICE agents appear with an administrative warrant and specifically claim and/or articulate exigent circumstances, including imminent destruction of items to be searched or seized, apprehending a fleeing suspect, or responding to an emergency, business officials should comply with ICE’s request for access. Exigent circumstances function as an exception to the need for a judicial warrant, and therefore business officials should, without further question, permit access.
Unique Challenges for Home Care Agencies Amid Potential ICE Activity
Home care agencies face distinct operational and legal challenges in preparing for potential ICE activity, due to the inherently decentralized nature of their workforce. Unlike traditional health care institutions or office-based employers, where staff report to a central facility each day, home care workers almost exclusively travel directly to clients’ homes to deliver essential care services.
This structure creates significant hurdles to managing and responding to ICE inquiries. In centralized workplaces, agencies can limit ICE interactions to a small number of trained personnel – typically in human resources or upper management – who generally are more well-versed in legal protocols. However, in the home care setting, it is the individual caregiver, often alone in a private residence, who may be confronted by immigration officers without the benefit of immediate legal or supervisory support.
The consequences of such encounters are not limited to the caregiver. A major concern is the possibility that a home care worker could be taken into custody while on-site at a client’s home, particularly when providing services to individuals who are elderly, disabled, or otherwise medically fragile. In these cases, the sudden removal of the caregiver could leave the client unattended, placing them at immediate risk of harm due to the abrupt disruption of essential services.
Given these risks, home care agencies should adopt proactive strategies that account for the unique challenges of a mobile and often vulnerable workforce. This includes training staff on how to respond to ICE encounters, establishing rapid-response protocols to deploy backup caregivers, and coordinating with legal counsel to ensure compliance while minimizing disruption to care delivery. The goal must be to safeguard both the rights of workers and the continuity of critical services for clients who depend on them.
Home care agencies are advised to develop preparedness plans, ensure that employees are trained on how to handle potential visits from ICE, and facilitate continuity of care for clients as needed. Porzio’s Employment attorneys and its non-attorney safety and preparedness professionals can help guide you through these unprecedented times.
