Immigrant Trust Directive
NJ Law Enforcement Officer Resource Guide
How to Tell the Difference Between a Judicial Warrant and an Administrative Warrant.
New Jersey officers must comply with judicially-issued warrants and court orders.
A judicially-issued warrant will:
■ List the name of a federal or state court at the top( e. g.“ Superior Court of New Jersey” or“ United States District Court”).
Note:“ Immigration Court” is not a court for these purposes.
■ Be signed by a federal or state judge or magistrate, and will generally include the term“ Honorable,”“ Hon.,”“ Judge,”“ Justice,” or“ Magistrate” before or after their name.
■ Authorize a search or seizure( including arrest) based upon a finding of probable cause.
Example of Federal Judicial Search Warrant:
New Jersey law enforcement officers are prohibited from assisting with the execution of administrative warrants.
An administrative warrant will:
■ Direct various federal immigration enforcement agents to arrest the person named in the warrant for civil violations of immigration law, not criminal charges.
■ List the name of the federal agency at the top( e. g. U. S. Department of Homeland Security( DHS), U. S. Immigration and Customs Enforcement( ICE), U. S. Customs and Border Protection( CBP)).
■ Be signed by an immigration agent or officer.
■ Not be reviewed by a judge for probable cause.
Example of Administrative Warrant
( typically on forms I-200 or I-205):
AO 93( Rev. 1� / 13) Search and Seizure Warrant
UNITED STATES DISTRICT COURT for the __________ District District of New of Jersey __________
In the Matter of the Search of)( Briefly describe the property to be searched
) or identify the person by name and address)) Case No. 25-1234
123 Broad Street, Apt. 100, Newark NJ)))
SEARCH AND SEIZURE WARRANT To: Any authorized law enforcement officer
An application by a federal law enforcement officer or an attorney for the government requests the search of the following person or property located in the
District of New Jersey
( identify the person or describe the property to be searched and give its location): 123 Broad Street, Apt. 100, Newark NJ, and all common hallways and lobby of building
I find that the affidavit( s), or any recorded testimony, establish probable cause to search and seize the person or property described above, and that such search will reveal( identify the person or describe the property to be seized): John Doe; Good stolen from ABC Convenience Store, 456 Broad Street, Newark NJ, in a robbery involving John Doe
YOU ARE COMMANDED to execute this warrant on or before February 1, 2025( not to exceed 14 days)
�✔ in the daytime 6:00 a. m. to 10:00 p. m. � at any time in the day or night because good cause has been established.
Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the place where the property was taken.
The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an inventory as required by law and promptly return this warrant and inventory to Jane Smith, U. S. M. J.
.
( United States Magistrate Judge)
� Pursuant to 18 U. S. C. § 3103a( b), I find that immediate notification may have an adverse result listed in 18 U. S. C. § 2705( except for delay of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose property, will be searched or seized( check the appropriate box)
� for days( not to exceed 30) � until, the facts justifying, the later specific date of.
Date and time issued:
City and state:
01 / 31 / 2025 12:00 am
Newark, NJ
SAMPLE
Judge’ s signature
Jane Smith, United States Magistrate Judge Printed name and title
File No. ________________ Date: ___________________
To: Any immigration officer authorized pursuant to sections 236 and 287 of the Immigration and Nationality Act and part 287 of title 8, Code of Federal Regulations, to serve warrants of arrest for immigration violations
I have determined that there is probable cause to believe that ____________________________ is removable from the United States. This determination is based upon:
� the execution of a charging document to initiate removal proceedings against the subject; � the pendency of ongoing removal proceedings against the subject; � the failure to establish admissibility subsequent to deferred inspection;
� biometric confirmation of the subject’ s identity and a records check of federal databases that affirmatively indicate, by themselves or in addition to other reliable information, that the subject either lacks immigration status or notwithstanding such status is removable under U. S. immigration law; and / or
� statements made voluntarily by the subject to an immigration officer and / or other reliable evidence that affirmatively indicate the subject either lacks immigration status or notwithstanding such status is removable under U. S. immigration law.
YOU ARE COMMANDED to arrest and take into custody for removal proceedings under the Immigration and Nationality Act, the above-named alien.
__________________________________________( Signature of Authorized Immigration Officer)
SAMPLE
__________________________________________( Printed Name and Title of Authorized Immigration Officer)
I hereby certify that the Warrant for Arrest of Alien was served by me at __________________________( Location)
on ______________________________ on _____________________________, and the contents of this( Name of Alien)( Date of Service)
notice were read to him or her in the __________________________ language.( Language)
________________________________________ __________________________________________ Name and Signature of Officer Name or Number of Interpreter( if applicable)
Form I-200( Rev. 09 / 16)
For more information visit: nj. gov / trust NJ Office of the Attorney General NJ State Association of Chiefs of Police NJ State County Prosecutors Association facebook. com / NewJerseyOAG twitter. com / NewJerseyOAG instagram. com / NewJerseyOAG flickr. com / NewJerseyOAG
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