Letters to the editor
Published 2:30 am Friday, February 27, 2026
What is the law?
According to Alice Aranda, an immigration lawyer in Arizona, business owners have the right to refuse Immigration Custom Enforcement (ICE) entry into private, non-public areas of their business unless the agents present a valid judicial warrant.
“Understanding the distinction between public spaces and private areas, as well as the type of warrant presented, is critical for exercising these rights,” wrote Aranda in an email.
ICE agents do not need a warrant to enter areas of a business that are open to the general public. In the case of private areas, the agents must have a valid judicial warrant or the owner’s explicit consent to enter.
It is important to know the difference between public and private areas of the restaurant, or other business..
“Understanding the distinction between public spaces and private areas, as well as the type of warrant presented, is critical for exercising these rights,” wrote Aranda in an email.
ICE agents do not need a warrant to enter areas of a business that are open to the general public. In the case of private areas, the agents must have a valid judicial warrant or the owner’s explicit consent to enter.
The lawyer gave lobbies, waiting rooms, parking lots and dining areas in restaurants and businesses as examples of public spaces. Back offices, kitchens, employee breakrooms, factory floor and storage areas are examples of private areas.
“It is a common tactic for agents to present an administrative warrant,” Aranda wrote. “Which does not carry the same legal weight for entering private property as a judicial one.”
A judicial warrant, where entry is allowed, is issued by a court. The header usually says “U.S. District Court” or a state court. The form number is standard for court warrant forms, and this warrant authorizes entry and search of private premises, according to Aranda.
An administrative warrant, where entry is refusable, is issued by a federal agency. In the case of an administrative warrant presented by ICE agents, the signee is an ICE Department of Homeland Security official. The header typically says “U.S. Department of Homeland Security.” The form number will read “Form I-200” or “I-205.” This form does not authorize entry into private areas without consent, according to Aranda.
The legal basis of a judicial warrant is the probable cause of a crime, and signed by a judge. The legal basis for an administrative warrant is an immigration violation.
In California, business owners have additional protection. Its Immigration Worker Protection Act prohibits employers from voluntarily consenting to ICE entry into private areas without a judicial warrant.
Jack Castimore
Kenai
