TELL DHS/ICE TO COME BACK WITH A WARRANT!
Anyone banging on your door can be scary. Our instinct is usually to cooperate. Throw that instinct out the door, lest our founding fathers turn over in their graves. Also, just because they show a fancy badge and an "order" doesn't mean its a real WARRANT.
Judge's Warrant Vs. Administrative Warrant"Administrative warrant" as used in this document, means an immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document issued by federal immigration officials that can form the basis for an individual's arrest or detention ICE sometimes issues administrative "warrants" when it asks sheriffs to hold prisoners on the basis of an ICE detainer. Florida peace officers have no authority, however, to deprive persons of liberty on the basis of ICE administrative warrants. The authority of Florida peace officers to deprive persons of liberty on the basis of a warrant derives from Florida statutes and the US Constitution. Those statutes generally assume a warrant that complies with the provisions of the Fourth Amendment and Article II, Section 7 of the Florida Constitution. These constitutionally sufficient warrants are issued only upon oath or affirmation of facts submitted to a judicial officer, one who is "neutral and detached" from enforcement activities, Coolidge v. New Hampshire, 403 U.S. 443, 450 (1971), and only if the judicial officer determines that the facts demonstrate probable cause.
In contrast, ICE administrative warrants are not issued by judges or judicial officers. Indeed, ICE regulations allow some of these administrative warrants to be issued by ICE enforcement officers themselves. Because of these deficiencies, a federal district court ruled that an arrest made on the basis of an ICE administrative warrant issued by an immigration enforcement agent was, essentially, a warrantless arrest. See El Badrawi v. DHS, 579 F. Supp. 2d 249, 276 (D. Conn. 2008); see also United States v. Toledo, 615 F. Supp. 2d 453, 455, 457 n.2 (S.D. W. Va. 2009) (treating ICE warrant as an invalid warrant because it could not be executed by local law enforcement officials).
Why should ICE Administrative Warrants not be honored in Florida?There is simply no Florida authority for state/local officers to engage in immigration enforcement. This is true regardless of whether one is discussing detainers, I-200 administrative warrants, or any other piece of paper in support of civil immigration enforcement.
? State/local officials generally cannot engage in civil immigration enforcement.
Arizona v. United States (U.S. Supreme Court, 2012) established the basic principle that state/local officials generally cannot engage in civil immigration enforcement. As the Supreme Court said in Arizona v. United States, "Federal law specifies limited circumstances in which state officers may perform the functions of an immigration officer." Arizona v. United States, 132 S. Ct. 2492, 2506 (2012). And federal law does not authorize state officers to make an arrest based on an "administrative warrant" that ICE officials issue. See also United States v. Toledo, 615 F. Supp. 2d 453, 455, 459-60 (S.D. W. Va. 2009) (citing immigration officer's testimony that he advised local sheriff that sheriff had no authority to execute administrative warrant). Melendres v. Arpaio, 695 F.3d 990 (9th Cir. 2012), a post-Arizona decision, established that this mea