Rights and LimitsSomeone at your doorImmigration enforcement at your door
Immigration enforcement at your door
What you must do and what you can refuse
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
Not obstruct an immigration officer who is lawfully acting in the execution of this Act.
Immigration Act 1971, s.26(1)(g)
“if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act”
Read it at legislation.gov.ukquote checked 2026-08-25
You can refuse
Saying no is lawful and is not an offence, but it is not always free of consequences: read each item in full.
If an immigration officer relies on a s.28CA authorisation to enter business premises, ask who gave it and when.
The authorisation must come from a civil servant of at least Assistant Director rank, and lapses after seven days.
Immigration Act 1971, s.28CA(3)
“authority for the purposes of subsection (2)(c)— may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and—shall expire at the end of the period of seven days beginning with the day on which it is given”
Read it at legislation.gov.ukquote checked 2026-08-25
What the law says
What the law provides — the power, who can use it and when, and what follows — quoted from its source. The sections above say what you must do and what you can refuse.
The s.28CA power lets a constable or immigration officer enter and search any business premises to arrest a person for an offence under section 24, 24A or 24B, or under paragraph 17 of Schedule 2 — only so far as reasonably required, only with reasonable grounds for believing that person is on the premises, only with the authority of the Secretary of State (for an immigration officer) or a Chief Superintendent (for a constable), and only if the officer produces identification showing their status.
Immigration Act 1971, s.28CA(1) and (2)
“A constable or immigration officer may enter and search any business premises for the purpose of arresting a person— for an offence under section 24,— for an offence under section 24A, or— for an offence under section 24B,— under paragraph 17 of Schedule 2.— The power under subsection (1) may be exercised only— to the extent that it is reasonably required for a purpose specified in subsection (1),— if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,— with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and— if the constable or immigration officer produces identification showing his status.”
Read it at legislation.gov.ukquote checked 2026-10-19
An immigration officer may enter and search any premises, without a warrant, to arrest a person for an offence under section 25 or 25A of the Immigration Act 1971 — but only so far as reasonably required, and only with reasonable grounds for believing that person is on the premises (with further conditions: the officer must produce identification, and there is a further limit where the premises are made up of separate dwellings).
Immigration Act 1971, s.28C (search and arrest without warrant)
“Search and arrest without warrant— An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25 or 25A — The power may be exercised— only to the extent that it is reasonably required for that purpose; and — only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises — In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and — any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be — The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so)”
Read it at legislation.gov.ukquote checked 2026-10-19
An immigration officer may use the power to enter and search premises to arrest a person for an offence under section 25 or 25A only if the officer produces identification showing that they are an immigration officer, whether or not they are asked to.
Immigration Act 1971, s.28C (search and arrest without warrant)
“Search and arrest without warrant— An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25 or 25A — The power may be exercised— only to the extent that it is reasonably required for that purpose; and — only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises — In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and — any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be — The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so)”
Read it at legislation.gov.ukquote checked 2026-10-19
Where premises consist of two or more separate dwellings, the s.28C power to enter and search is limited to the parts of the premises the occupiers of the dwellings use in common, and any dwelling in which the officer has reasonable grounds for believing that the person they are seeking may be.
Immigration Act 1971, s.28C(3)
“In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and — any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be”
Read it at legislation.gov.ukquote checked 2026-10-19
If a person is arrested for an offence under this Part of the Immigration Act 1971 at a place other than a police station, an immigration officer may enter and search any premises in which the person was when arrested, or immediately before being arrested, for evidence relating to that offence — but only if the officer has reasonable grounds for believing there is such evidence on the premises, and only to the extent reasonably required to discover it; where the premises consist of two or more separate dwellings, the power is limited to any dwelling in which the arrest took place or in which the arrested person was immediately before the arrest, and any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
Immigration Act 1971, s.28E(1) to (4)
“This section applies if a person is arrested for an offence under this Part at a place other than a police station — An immigration officer may enter and search any premises— in which the person was when arrested, or — in which he was immediately before he was arrested, for evidence relating to the offence for which the arrest was made (“ relevant evidence ”) — The power may be exercised— only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and — only to the extent that it is reasonably required for the purpose of discovering relevant evidence — In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and — any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises”
Read it at legislation.gov.ukquote checked 2026-10-19
After an arrest for an offence under section 25 or 25A, an immigration officer may enter and search any premises occupied or controlled by the arrested person for relevant evidence (evidence, other than items subject to legal privilege, that relates to the offence) — but only if the officer has reasonable grounds for suspecting it is there, only to the extent reasonably required to discover it, and, subject to the exception that follows, only if a senior officer (an immigration officer not below the rank of chief immigration officer) has authorised it in writing. That authorisation is not needed if the search is made before the arrested person is taken to a place where they are to be detained and their presence at a place other than one where they are to be detained is necessary for the effective investigation of the offence.
Immigration Act 1971, s.28F(1) to (8)
“An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25, 25A — The power may be exercised— only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises; — only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and — subject to subsection (3), only if a senior officer has authorised it in writing — The power may be exercised— before taking the arrested person to a place where he is to be detained; and — without obtaining an authorisation under subsection (2)(c), if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence — An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable — The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of— the grounds for the search; and — the nature of the evidence that was sought — An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence — “ Relevant evidence ” means evidence, other than items subject to legal privilege, that relates to the offence in question — “ Senior officer ” means an immigration officer not below the rank of chief immigration officer”
Read it at legislation.gov.ukquote checked 2026-10-19
Warrants, and powers to enter without one
Immigration officers do not always need a court warrant to enter a building, and an authorisation for business premises is not the only way in without one. The Immigration Act 1971 gives them several powers to enter and search without a warrant. This page covers sections 28CA, 28C, 28E and 28F.
Business premises (section 28CA). For business premises, officers can enter to arrest someone for certain immigration offences (sections 24, 24A and 24B), or someone liable to be detained pending examination or removal (paragraph 17 of Schedule 2), with internal authorisation instead of a warrant — signed off by a senior civil servant, not a magistrate. That authority has to come from someone at Assistant Director level or above, and it expires seven days after it is given. This particular power is limited to business premises.
Three further powers are not limited to business premises. Two of them are tied to offences under section 25 of the Act (assisting unlawful immigration to a member State or the United Kingdom) and section 25A (helping an asylum-seeker to enter the United Kingdom):
- To arrest someone (section 28C). An officer may enter and search any premises — a home included — to arrest a person for an offence under section 25 or 25A. The officer must have reasonable grounds for believing the person is there, may search only so far as reasonably required, and must produce identification showing they are an immigration officer, whether or not they are asked. In a building made up of separate dwellings, the power covers only the shared parts and any dwelling where the officer has reasonable grounds for believing the person may be.
- After an arrest away from a police station (section 28E). If someone is arrested for an offence under Part III of the Act (Criminal Proceedings, which sets out criminal offences under the Act, including those in sections 24 to 26) at a place other than a police station, an officer may enter and search the premises where they were arrested, or where they were immediately before, for evidence relating to that offence — if the officer has reasonable grounds for believing there is such evidence there, and only to the extent reasonably required to find it. In a building made up of separate dwellings, the power is limited to the dwelling where the arrest took place or where the arrested person was immediately before the arrest, and the parts used in common with other dwellings.
- Premises of someone arrested for section 25 or 25A (section 28F). After such an arrest, an officer may enter and search any premises the arrested person occupies or controls for evidence relating to the offence, if the officer has reasonable grounds for suspecting it is there. This normally needs written authorisation from an immigration officer of at least chief immigration officer rank, but not where the search is made before the person is taken to a place where they are to be detained and their presence at some other place is necessary for the effective investigation of the offence.
Where a warrant comes in
A justice of the peace can also issue a warrant. A justice who is satisfied that there are reasonable grounds for believing a relevant offence has been committed and that there is material on the premises likely to be of substantial value to the investigation — among other conditions — can authorise an immigration officer to enter and search them (section 28D). A justice can also grant a warrant to enter, if need be by force, to search for and arrest a suspect (section 28B). A warrant is not the only alternative to the powers above: the Act has other powers to enter or search without a warrant that this page does not cover, such as section 28FA, which allows a search of business premises for employee records, in the circumstances it sets out, without one.
If an officer at your door cannot show you a warrant or an authorisation for business premises, that does not on its own mean they have no power to come in. Sections 28C and 28E need neither a warrant nor any authorisation; section 28F normally needs written authorisation from a chief immigration officer, not a warrant. Each comes with conditions of their own — an officer relying on section 28C, for example, must produce identification showing they are an immigration officer — so the useful question is which power the officer says they are using.
No general duty to open the door or answer questions
Outside an examination at a port or airport — a different, more sweeping power covered elsewhere on this site — there is no general duty in this legislation to open your door to an immigration officer or to answer their questions on the doorstep.
What is an offence is obstructing, without reasonable excuse, an immigration officer who is lawfully acting in the execution of the Act. Whether an officer is lawfully acting depends on whether they have a power of entry — and that includes the warrantless powers described above, not only a warrant or an authorisation for business premises. The safe course is to ask which power the officer is using, and to object in words rather than by physically stopping them.
A closed door does not necessarily stop an officer who has a power to enter: an immigration officer exercising any power conferred by the Immigration Acts may, if necessary, use reasonable force (section 146(1) of the Immigration and Asylum Act 1999).
Related pages
- Schedule 7: stopped at a port or airportEngland & Wales · Scotland
- When police can enter your homeEngland & Wales
- When you actually have to answer the policeEngland & Wales
- Your rights in police custodyEngland & Wales
Last reviewed 2026-08-25. Next review due 2027-02-25. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.