Can ICE Arrest Without a Warrant? Experts Weigh In

NEW YORK, June 17, 2025

Comptroller’s Courthouse Arrest Sparks Legal Questions

The arrest of a New York City mayoral candidate by ICE agents has ignited a debate about federal authority and immigrant rights.

• Brad Lander, NYC Comptroller, was arrested by ICE at a courthouse.
• The arrest occurred while Lander was accompanying an immigrant named Edgardo.
• Legal experts are questioning the legality of the arrest and ICE’s warrant practices.

on June 17, 2025, Brad Lander, New York City Comptroller and a Democratic mayoral candidate, was arrested by Immigration and Customs Enforcement (ICE) agents at a courthouse, raising questions about the scope of ICE’s authority. Lander was at the courthouse to observe immigration court hearings and support immigrants facing detention. His arrest occurred after he linked arms with an individual named Edgardo, who was being targeted by ICE agents.

When an agent accused Lander of “obstructing,” he responded, “You don’t have the authority to arrest U.S. citizens […] I’m not obstructing. I’m standing right hear in the hallway. I asked to see the judicial warrant.” Lander was released hours later, and all charges were dropped, according to New York Gov. Kathy Hochul. Federal prosecutors are still investigating the events.

Lander’s wife confirmed that the judicial warrant he requested was for edgardo, not for Lander himself. Lenni Benson, a New York School of Law professor, noted that ICE’s actions could be an attempt to detain a large number of people, including asylum seekers.

Did you know?-The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures.This protection generally requires law enforcement to obtain a warrant based on probable cause before making an arrest.

Many people online have questioned ICE’s authority to arrest without a warrant and whether they have the power to arrest U.S. citizens like Lander. Here’s a breakdown of the laws governing ICE agents, warrants, and their authority, specifically in relation to Lander and Edgardo’s cases.

ICE’s Authority: When Are Warrants Necessary?

According to 8 U.S. Code 1357, immigration officers do not need warrants for some actions. These include questioning individuals about their right to be in the U.S. and arresting aliens entering the country illegally, especially if the agents believe the alien might escape before a warrant is obtained.

ICE agents can also search vessels and vehicles within a “reasonable distance” of U.S. borders and private lands within 25 miles of the border, but not dwellings, to patrol the border. They can also arrest individuals for felonies related to immigration laws if they believe the person is guilty and likely to escape.

moreover, agents can make arrests for any federal offense committed in their presence or any felony if they have reasonable grounds to believe the person committed it, and if there is a chance of escape before a warrant can be obtained.

Reader question:-Given the complexities of immigration law and enforcement, how can individuals ensure their rights are protected during interactions with ICE agents?

Warrants Required for Arrests

Outside of the exceptions, ICE typically needs either a judicial warrant to enter private property or an administrative warrant to make an arrest or conduct a search. However, ICE is not required to present a judicial warrant in public places like a courtroom.

A judicial warrant can only be issued by a court and signed by a judge, authorizing law enforcement to make an arrest, seizure, or search of a private area. An administrative warrant, on the other hand, can be signed by ICE itself, but it does not authorize a search of private areas, and cannot be used to arrest U.S. citizens.

Immigration experts note that while ICE can obtain judicial warrants against immigrants and U.S. citizens, they rarely do, as it requires convincing a federal judge. Administrative warrants hold less legal weight.

Professor benson stated that administrative warrants are frequently enough accepted in settings like employer enforcement. She also noted individuals shown a warrant should read it carefully and can tell the officer they will not comply unless the warrant is issued by a federal judiciary member.State judges can’t grant federal officers the right to arrest.

Sarah Owings, an immigration attorney, confirmed that ICE lacks administrative warrant powers over U.S.citizens. A judicial warrant is an option, but unlikely, given the complexity of the process.

Can ICE Arrest U.S. Citizens?

Generally, ICE does not have the authority to arrest U.S. citizens without a warrant, except in specific circumstances. Nathan Yaffe, an immigration lawyer, said all three conditions must be met to justify arresting a citizen.

Those conditions are: ICE must be actively performing duties related to immigration enforcement; the person must be committing a federal offense; and there must be a likelihood of escape before a warrant can be obtained.As stated in 8 U.S. Code 1357, agents can arrest anyone “for any offense against the United states, if the offense is committed in the officer’s or employee’s presence” or “for any felony” and if the agent believes the citizen will escape before a warrant can be obtained for his arrest.

Was Lander’s arrest legal?

The New York American Civil Liberties Union (ACLU) called Lander’s arrest “a stunning abuse of power and a threat to our democracy.”

DHS accused Lander of assaulting law enforcement and impeding a federal officer.

Footage does not show Lander assaulting law enforcement; rather, he repeatedly asked for a judicial warrant for Edgardo.Lander was handcuffed after linking arms with Edgardo.When an agent accused him of “obstruction,” Lander responded, “I’m not obstructing, I’m standing right here in the hallway, I have to see the judicial warrant.”

Yaffe believes that the U.S. code criteria for arresting Lander were not met. He pointed out that for ICE to justify lander’s arrest, Lander would have had to be assaulting an officer, committing a crime, or the authorities believed he would evade arrest.

Owings noted that we’re in “very unprecedented times,” making “decisions to use police powers against people who should not be subject to them.”

what About Edgardo’s Arrest?

Yaffe stated ICE needed a warrant to arrest Edgardo at the immigration court or have an individualized determination that he was a flight risk. He also believes that ICE is not making these individual findings.

Regardless, Edgardo was taken into ICE detention and had no lawyer. Lander said, “Tonight, I’ll go home and sleep in my bed. I have a lawyer,I’ll get due process. But Edgardo,whose arm was ripped from mine by ICE agents,has none of those things.”

Professor Benson stated that Lander could have questioned the officer about their reasonable suspicion of alienage beyond the immigrant’s presence in court.

Benson indicates that these arrests may be related to a rise in immigrant arrests by DHS, including those who comply with the legal process of seeking asylum.

Despite restrictions, ICE has detained and deported numerous U.S. citizens in 2025, including U.S.-born children.

NEW YORK, June 17, 2025

Comptroller’s Courthouse Arrest Sparks Legal Questions

The arrest of a New York City mayoral candidate by ICE agents has ignited a debate about federal authority and immigrant rights.

• Brad Lander, NYC Comptroller, was arrested by ICE at a courthouse.
• The arrest occurred while lander was accompanying an immigrant named Edgardo.
• Legal experts are questioning the legality of the arrest and ICE’s warrant practices.

on June 17, 2025, Brad Lander, New York City Comptroller and a Democratic mayoral candidate, was arrested by Immigration and Customs Enforcement (ICE) agents at a courthouse, raising questions about the scope of ICE’s authority. Lander was at the courthouse to observe immigration court hearings and support immigrants facing detention.His arrest occurred after he linked arms with an individual named Edgardo, who was being targeted by ICE agents.

When an agent accused Lander of “obstructing,” he responded, “You don’t have the authority to arrest U.S. citizens […] I’m not obstructing. I’m standing right hear in the hallway. I asked to see the judicial warrant.” Lander was released hours later, and all charges were dropped, according to New York Gov. Kathy Hochul. Federal prosecutors are still investigating the events.

Lander’s wife confirmed that the judicial warrant he requested was for edgardo, not for Lander himself. Lenni Benson, a New York School of Law professor, noted that ICE’s actions could be an attempt to detain a large number of people, including asylum seekers.

Did you know?-The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures.this protection generally requires law enforcement to obtain a warrant based on probable cause before making an arrest.

Many people online have questioned ICE’s authority to arrest without a warrant and whether they have the power to arrest U.S. citizens like Lander. Here’s a breakdown of the laws governing ICE agents, warrants, and their authority, specifically in relation to Lander and Edgardo’s cases.

ICE’s Authority: When Are Warrants Necessary?

According to 8 U.S. Code 1357, immigration officers do not need warrants for some actions. These include questioning individuals about their right to be in the U.S. and arresting aliens entering the country illegally, especially if the agents believe the alien might escape before a warrant is obtained.

ICE agents can also search vessels and vehicles within a “reasonable distance” of U.S. borders and private lands within 25 miles of the border,but not dwellings,to patrol the border. They can also arrest individuals for felonies related to immigration laws if they believe the person is guilty and likely to escape.

moreover, agents can make arrests for any federal offense committed in their presence or any felony if they have reasonable grounds to believe the person committed it, and if there is a chance of escape before a warrant can be obtained.

Reader question:-Given the complexities of immigration law and enforcement, how can individuals ensure their rights are protected during interactions with ICE agents?

Warrants Required for Arrests

Outside of the exceptions, ICE typically needs either a judicial warrant to enter private property or an administrative warrant to make an arrest or conduct a search. Though, ICE is not required to present a judicial warrant in public places like a courtroom.

A judicial warrant can only be issued by a court and signed by a judge, authorizing law enforcement to make an arrest, seizure, or search of a private area. An administrative warrant,on the other hand,can be signed by ICE itself,but it does not authorize a search of private areas,and cannot be used to arrest U.S. citizens.

Immigration experts note that while ICE can obtain judicial warrants against immigrants and U.S. citizens, they rarely do, as it requires convincing a federal judge. Administrative warrants hold less legal weight.

Professor benson stated that administrative warrants are frequently enough accepted in settings like employer enforcement. She also noted individuals shown a warrant should read it carefully and can tell the officer they will not comply unless the warrant is issued by a federal judiciary member.State judges can’t grant federal officers the right to arrest.

Sarah Owings, an immigration attorney, confirmed that ICE lacks administrative warrant powers over U.S.citizens.A judicial warrant is an option, but unlikely, given the complexity of the process.

Can ICE Arrest U.S. Citizens?

Generally, ICE does not have the authority to arrest U.S. citizens without a warrant, except in specific circumstances.Nathan Yaffe, an immigration lawyer, said all three conditions must be met to justify arresting a citizen.

Those conditions are: ICE must be actively performing duties related to immigration enforcement; the person must be committing a federal offense; and there must be a likelihood of escape before a warrant can be obtained.as stated in 8 U.S. Code 1357, agents can arrest anyone “for any offense against the united states, if the offense is committed in the officer’s or employee’s presence” or “for any felony” and if the agent believes the citizen will escape before a warrant can be obtained for his arrest.

Was Lander’s arrest legal?

The New York American Civil Liberties Union (ACLU) called Lander’s arrest “a stunning abuse of power and a threat to our democracy.”

DHS accused Lander of assaulting law enforcement and impeding a federal officer.

Footage does not show Lander assaulting law enforcement; rather, he repeatedly asked for a judicial warrant for Edgardo.Lander was handcuffed after linking arms with Edgardo.When an agent accused him of “obstruction,” Lander responded, “I’m not obstructing, I’m standing right here in the hallway, I have to see the judicial warrant.”

Yaffe believes that the U.S. code criteria for arresting Lander were not met. He pointed out that for ICE to justify lander’s arrest, Lander would have had to be assaulting an officer, committing a crime, or the authorities believed he would evade arrest.

Owings noted that we’re in “very unprecedented times,” making “decisions to use police powers against people who should not be subject to them.”

what About Edgardo’s Arrest?

Yaffe stated ICE needed a warrant to arrest Edgardo at the immigration court or have an individualized determination that he was a flight risk.He also believes that ICE is not making these individual findings.

Regardless, Edgardo was taken into ICE detention and had no lawyer. Lander said, “Tonight, I’ll go home and sleep in my bed. I have a lawyer,I’ll get due process. But Edgardo,whose arm was ripped from mine by ICE agents,has none of those things.”

Professor Benson stated that Lander could have questioned the officer about their reasonable suspicion of alienage beyond the immigrant’s presence in court.

Benson indicates that these arrests may be related to a rise in immigrant arrests by DHS, including those who comply with the legal process of seeking asylum.

Despite restrictions,ICE has detained and deported numerous U.S. citizens in 2025, including U.S.-born children.

Navigating Interactions with ICE: Your Rights and What to Do

The arrest of Brad Lander highlights the importance of understanding your rights when interacting with Immigration and Customs Enforcement (ICE). Knowing your rights and how to assert them can be crucial in protecting yourself and others from potential overreach. While ICE agents have specific powers, individuals also have legal protections.

If you are approached by ICE agents, here’s what you should know:

• You Have the Right to Remain silent: You are not required to answer questions about your immigration status. Politely state that you wish to remain silent. invoking this right cannot be used against you in court.
• you Do Not Have to Open the Door: unless agents have a valid warrant signed by a judge, you are not legally obligated to open your door.Ask the agents to slide any warrant under the door.
• Review the Warrant Carefully: If agents present a warrant, it’s essential to examine it closely. make sure the warrant is a judicial warrant, not an administrative warrant. Administrative warrants do not authorize entry into a private residence.
• You Have the Right to Legal Counsel: If you are arrested or detained, you have the right to an attorney. Do not sign any documents or make any statements until you’ve spoken with a lawyer.
• Record the Encounter: If it is indeed safe to do so, you can record the interaction with ICE agents. This can be helpful as evidence if their actions are later called into question.

Remember, staying calm and knowing your rights can significantly impact the outcome of an encounter with ICE.

Regarding the Lander case, the legal issues around his arrest are far from settled. Many legal experts consider it critical to assert your rights when encountering ICE to prevent potential abuses of power. Taking steps to understand and protect your rights is a prudent approach.

Protecting Your Rights: Practical Steps and Further Resources

Beyond knowing your rights, there are proactive steps you can take to prepare for potential encounters with ICE. these can provide an added layer of security and enable you to respond more effectively.

Here are some recommendations:

• Keep Documents Accessible: If you are a U.S. citizen or have legal immigration status, keep copies of your essential documents in a safe and accessible place. This includes your birth certificate, passport, green card, or other proof of status.
• Have a Plan: Discuss your rights and what to do with family members and trusted friends. In the event of an ICE encounter, a pre-arranged plan can help ensure everyone knows how to respond.
• Consult with an Immigration Attorney: Consider consulting an attorney to discuss your specific situation and learn about any potential legal risks you may face.
• Know Whom to Contact: Have the contact data of an immigration attorney and a local legal aid organization readily available. These organizations can provide essential legal support.
• Stay Informed: Remain up-to-date on current immigration laws and policies. Resources such as the American Immigration Council and the ACLU offer reliable information.

The situation of Brad Lander and Edgardo underscores the challenges faced by immigrants and citizens alike. It is indeed necessary to empower people with knowledge and concrete steps to act during these interactions.

If ICE arrests someone without following all legal requirements, what recourse do they have? Those arrested without proper warrants or probable cause can seek legal counsel, and are entitled to challenge the legality of their detention in court. Possible causes of action include wrongful arrest and false imprisonment.

What are some key differences between administrative and judicial warrants? Administrative warrants are issued by ICE and allow for immigration enforcement, whereas judicial warrants, obtained from a judge, are needed for entry into private residences or arrests, and must be based on probable cause. The former does not authorize entry or arrest of a U.S. citizen.

FAQs

What should you do if ICE agents ask to enter your home?

You should not open the door unless ICE agents have a judicial warrant signed by a judge. Ask them to slide the warrant under the door and review it carefully.

Can ICE arrest a U.S. citizen without a warrant?

Generally,ICE cannot arrest a U.S. citizen without a warrant. Exceptions exist if an officer witnesses a crime or believes there’s a risk of escape.

Where can I find more information about my rights during an ICE encounter?

You can find information on the American Immigration Council and the ACLU websites.

What is the difference between an administrative warrant and a judicial warrant?

An administrative warrant is issued by ICE; a judicial warrant, by a judge. Only a judicial warrant allows entry into private property or arrest of a U.S. citizen.

What steps should you take if you believe your rights have been violated by ICE?

You should contact an attorney, and file a complaint with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties.