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SEARCH WARRANTS are required to enter private property

If you are someone who is in the U.S. in violation of U.S. immigration law and immigration officials approach you at your private dwelling (house, apartment etc.), you are NOT obligated to open the door or allow the government to enter your home without a search warrant.


Even if immigration officials or the police have a warrant for your arrest, an arrest warrant does not authorize the government to enter your home without the homeowner's consent. Often times, law enforcement officials will obtain the homeowner's consent or an agent of the homeowner to allow the police to enter the home to execute the arrest.


Thus, if you are not sure whether officials have the right to enter your home, you DO NOT need to open the door, and you have the right to inspect the search warrant. Remember, opening the door could result in law enforcement officials assuming they have been granted permission to enter the home. When in doubt, do not open the door and demand to inspect the search warrant.


Search warrants give government officials the authority to enter private property, whereas arrest warrants only allow government officials to arrest someone. Arrest warrants do not authorize government officials to enter private property. Remember, arrest warrants are not required for immigration officials to arrest someone they have reason to believe is in the U.S. illegally.

 
 
 

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