Here is a script
- “Do you have a judicial warrant signed by an Art 3 judge?” If yes, they’ll just go in so it’s probably a “No.” If they say they do have a warrant, ask them to hold it up to the door to verify the address and person that it was issued against and the signature of a federal district judge or federal magistrate. Non-judicial warrants (perhaps form I-205) will be issued by immigration “judges”. These people are not real judges and cannot issue a warrant that allows ICE to enter your premises without your consent.
- If it’s a no or they don’t answer, you say “I don’t speak to law enforcement without my attorney present. Please leave my property immediately”.
- If they refuse to leave, call the local cops and tell them that you have people claiming to be law enforcement (who are armed) at your front door and you have asked them to leave your property, and they have refused or refused to acknowledge your command and do not appear to have a judicial warrant.
- Don’t say anything else to the people at your door or any other law enforcement.
- Call your lawyer immediately after getting off with local law enforcement.
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Good information. I’ll add an additional clarification which is that they don’t need a warrant to knock, as the person seems to believe–only to enter the enclosed portions of private property like the house or fenced areas of the yard.
Shouldn’t they leave the property when told to though? As they dont have any legal reason to be there? Not that they care about legal process…
Yes, theoretically but if you keep talking to them that might undermine your claim. In terms of criminal liability it depends if they left in a reasonable amount of time. A slight delay wouldn’t typically be enough.
Not that any prosecutor would be brave enough to prosecute such a case.
