Do Border Patrol, ICE agents need warrants to make arrests in NC?

U.S. Border Patrol agents were deployed to Charlotte and Raleigh as part of the Trump administration’s efforts to crack down on illegal immigration.

Agents made more than 300 arrests starting last weekend, and at least a dozen people were detained in the Triangle, The News & Observer reported.

But do Border Patrol and Immigration Customs Enforcement (ICE) agents need warrants to make arrests?

Here’s what you need to know.

Do Border Patrol agents need warrants to make arrests?

No. According to the American Immigration Council, Border Patrol agents “may arrest any noncitizen without a warrant whom they have ‘reason to believe’ is in the United States in violation of law and is likely to escape before a warrant can be issued.”

That means agents can make warrantless arrests based on probable cause, but they cannot enter a home unless they have consent or there is an emergency, The Charlotte Observer previously reported.

Do ICE agents need warrants to make arrests?

No. “Like all other law enforcement officers, ICE officers and agents can initiate consensual encounters and speak with people, briefly detain aliens when they have reasonable suspicion that the aliens are illegally present in the United States and arrest people they believe are illegal aliens,” according to the agency’s website.

However, like Border Patrol, ICE agents also need a warrant or consent to enter a home.

“Not opening the door until we can confirm that there’s a judicial warrant with your name on it signed by a judge — it’s really vital,” Kelly Morales, a co-director of Siembra NC, previously told The N&O.

What to do if law enforcement asks about your immigration status

According to the American Civil Liberties Union (ACLU), if law enforcement asks about your immigration status, you should stay calm and keep your hands visible. Don’t run, argue or resist, and never lie or show false documents.

It’s also important to know your rights:

• You have the right to stay silent and don’t have to discuss your immigration status.
• If asked by immigration agents, show your papers only if you have them.
• You can refuse a search, since agents need your consent or probable cause.
• If you’re over 18, carry your papers. If you don’t have them, say you want to remain silent or speak to a lawyer.
• If you get pulled over, you must show your license, registration and proof of insurance, but you don’t have to discuss your immigration status.

What to do if you are arrested or detained by Border Patrol

If you are detained by ICE or Border Patrol, you can hire a lawyer, but one won’t be provided, according to the ACLU. However, you can ask for a list of free or low-cost options.

You also have the right to call family or a lawyer, meet with your lawyer in detention and have them with you at immigration hearings.

What to do if a loved one is arrested or detained

If a loved one is arrested or detained by Border Patrol, you can try looking for them on the ICE Detainee Locator page, according to Carolina Migrant Network.

To search, you need:

• The detained person’s Alien Registration Number (A-Number). 
• Their first and last name.
• Country of origin.
• Date of birth.

However, U.S. Customs and Border Protection (CBP) notes that it can take many days for individuals placed in CBP custody (prior to being transferred to ICE or other agencies) to appear in the ICE locator.

If your loved one is not listed in the system, you can try calling nearby detention centers. You can find a list of nearby detention centers at ice.gov/detention-facilities.

This story was originally published November 19, 2025 at 10:20 AM with the headline "Do Border Patrol, ICE agents need warrants to make arrests in NC?."

Evan Moore

The Charlotte Observer

Evan Moore is a service journalism reporter for the Charlotte Observer. He grew up in Denver, North Carolina, where he previously worked as a reporter for the Denver Citizen, and is a UNC Charlotte graduate.