Understanding ICE Warrants: What Employers Need to Know About Limits on a “Blackie’s warrant”
As Immigration and Customs Enforcement (ICE) continues to increase their enforcement actions, it’s important for employers to understand the type of warrants that can be issued. There are three types of warrants – a federal search and seizure warrant, an administrative warrant, and a “Blackie’s warrant.” A recent district court decision limited the use of a Blackie’s warrant. Federal Search and Seizure Warrant The federal search and seizure warrant is very rare but strikes the most fear in employers. How does the process work to obtain a search warrant? First, ICE must present an application for a search warrant to a local federal judge. These applications are typically long and heavily documented. Second, the federal judge must find probable cause that criminal activity is taking place at the employer’s facility/worksite. Third, the federal judge signs the judicial search warrant, which describes what and where ICE agents may search and what they may seize. Within 14 days thereafter, ...