Situation Overview
As federal immigration agency actions receive extensive media coverage, note that there is no major difference between Immigration and Customs Enforcement (ICE) and any other law enforcement agency. In a business setting, employees or managers may be interviewed anywhere with their consent. Similarly, residences may be entered only with consent of an occupant, unless there is a warrant signed by a judge. These circumstances are similar to a process server from a private security perspective.
Entry without a warrant, without consent, or without probable cause driven by an immediate hazard would generally be inadmissible in court. Any warrant will specify the conditions of entry, and be signed by a judge. If any agent enters private property without a warrant or consent, carefully document details, yet do not attempt to physically interfere with the search.
Laws may vary slightly by state, and it is vital to know the ordinances in your area of operations. In general, verified process servers, law enforcement members, or court officers must be granted access to the public way and to open common areas of the property.
Commercial Settings
- In a commercial building, these entities may access common areas such as the lobby.
- Security and property management should verify with building ownership what areas may be accessed without a warrant, and set expectations for all employees.
- In general, staff should follow visitor protocols and attempt to make contact with property management or the tenant – notify management, document, do not physically interfere.
- If no contact is made or if the recipient of the summons does not authorize access, the process server or agent may remain in the common areas of the property, wait for a representative to come down, or leave.
Residential Settings
- In a residential building, request identification similar to a normal visitor interaction, and contact property management – notify management, document, do not physically interfere.
- Security and property management should verify with community ownership what areas may be accessed without a warrant.
- Once proper identification has been displayed and verified, the person should be asked to identify the name, suite, or unit of the person he/she wishes to contact.
- Some states require that the agent or process server be allowed access to common areas up to the exterior of the entry door of the residence to attempt to make contact.
Warrants and Subpoenas are Not the Same
- A subpoena is ordered by a court whereby a material witness or an eyewitness is expected to show up in a court or an attorney’s office at a specific time and date.
- A judicial warrant is a court order that permits law enforcement to search for and seize individuals or property, and is signed by a judge.
- Without a warrant, police officers are limited as to when they can enter private property.
Employer and Employee Resources
https://www.nelp.org/insights-research/what-to-do-if-immigration-comes-to-your-workplace/
https://www.nilc.org/wp-content/uploads/2020/09/2025-Subpoenas-Warrants.pdf
https://www.aila.org/files/o-files/view-file/AD8BDF14-8CCE-4709-B3DC-E1E7CAF98C81
https://www.wnj.com/updates/ongoing-ice-raids-key-information-for-individuals-and-employers/