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re: AP: memo authorizes ICE to enter homes by force without a judicial warrant

Posted on 1/21/26 at 5:08 pm to
Posted by the808bass
The Lou
Member since Oct 2012
128773 posts
Posted on 1/21/26 at 5:08 pm to
quote:

without a judge’s warrant


Oh no!!!

quote:

authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant


Oh. Nevermind.
Posted by dalefla
Central FL
Member since Jul 2024
4116 posts
Posted on 1/21/26 at 5:15 pm to
How many illegals are you harboring?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476541 posts
Posted on 1/21/26 at 5:22 pm to
0. I'm opposed to illegal immigration scholar.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476541 posts
Posted on 1/21/26 at 5:23 pm to
quote:

exigent circumstance allows law enforcement to enter a structure without a search warrant in a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect's escape is imminent

People that have no citizenship in the US are certainly suspects to be viewed as imminent escapees




Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23008 posts
Posted on 1/21/26 at 5:25 pm to
How do you think a judge would respond if police busted into a house to pick up a thief and their reasoning was "well he's a criminal, and criminals flee! We couldn't wait on a warrant!"
Posted by tiger789
on the bayou
Member since Dec 2008
2499 posts
Posted on 1/21/26 at 5:26 pm to


quote:

4t Ammendment fascinates me and i spent alot of time learning both sides. Lae Enforcdment cannot violate ghe curtlage of a home let alone enter without a search warrant










does spelling and typing fascinate you as well ?



asking for a friend
Posted by JimEverett
Member since May 2020
2392 posts
Posted on 1/21/26 at 5:41 pm to
I think it is clear that, absent exigent circumstances . . etc, federal agents must have a judicial warrant to enter someone's house to search and seize.

Also, if there is a memo - my belief is that it is not been approved and is not being acted upon.

But there is something that could potentially be interesting if it is being acted upon:

The relevant statute is 8 USC 1226. This statute concerns the power the Attorney General has to apprehend and detain aliens. In subsection (e) of the section it states that
quote:

The AG's discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the AG under this section regarding the detention of any alien or the revocation or denial of bond or parole.


I am sure people can and will debate the precise meaning of that - but it seems clear to me that no District or Circuit Court can review the seizure of an alien in a home using an administrative warrant as that basis if the AG signed off on a memo like the AP is describing.
Only SCOTUS could do so.
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19829 posts
Posted on 1/21/26 at 5:47 pm to
Has the Associated Press shown or presented this memo? I mean they would never ever ever not in a million years make something up now would they?
Posted by lake chuck fan
Vinton
Member since Aug 2011
23718 posts
Posted on 1/21/26 at 6:04 pm to
quote:

with Fourth Amendment protections and upends years of advice given to immigrant communities.



Illegal immigrant communities????
Well, that's exactly what's changing....
As far as I'm concerned, illegals have zero rights as a US citizen.
Before you weak arse liberals start crowing about the Constitution, I understand what the Constitution says.
I also understand it needs to be amended. When written, the authors had no idea of what we face today.
If ICE bust down a few doors amd strike out, oh well...... get the frick over it.
The Illegal immigration problem has reached an extreme and extreme actions are required.

Anyone wishing to whine and bitch about it, place the blame where it lies....... on Bidens open border.
Posted by Henry Jones Jr
Member since Jun 2011
77105 posts
Posted on 1/21/26 at 6:06 pm to
quote:

upends years of advice given to immigrant communities.
Im supposed to care about this?

Dems will eventually get the White House back but I truly hope all of this happening the next 3 years will at least scare enough of them off to not come in again. Knowing that they will be sent out again eventually
This post was edited on 1/21/26 at 6:07 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476541 posts
Posted on 1/21/26 at 6:06 pm to
quote:

How do you think a judge would respond if police busted into a house to pick up a thief and their reasoning was "well he's a criminal, and criminals flee! We couldn't wait on a warrant!"


Apply this to the MAL raid
Posted by Henry Jones Jr
Member since Jun 2011
77105 posts
Posted on 1/21/26 at 6:08 pm to
quote:

Apply this to the MAL raid
One involves illegal immigrants. The other doesn’t. The “rights” of illegal immigrants means frick all to me
Posted by Sofaking2
Member since Apr 2023
21157 posts
Posted on 1/21/26 at 6:09 pm to
Aren’t those protections for American citizens anyway?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476541 posts
Posted on 1/21/26 at 6:09 pm to
quote:

One involves illegal immigrants. The other doesn’t.


Has literally nothing to do with his post or mine.

quote:

The “rights” of illegal immigrants means frick all to me

Cool. The post to which I replied wasn't about illegal immigrants
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476541 posts
Posted on 1/21/26 at 6:10 pm to
quote:

Aren’t those protections for American citizens anyway?

Not exclusively
Posted by lake chuck fan
Vinton
Member since Aug 2011
23718 posts
Posted on 1/21/26 at 6:11 pm to
quote:

Dems will eventually get the White House back but I truly hope all of this happening the next 3 years will at least scare enough of them off to not come in again.


I admire your hopefulness, but when and if the Marxist Dems get control of the WH, it's over for this nation.
Think of Bidens presidency times 100.

Here on this discussion board, we wouldn't be allowed to speak anything against the government.
Posted by Henry Jones Jr
Member since Jun 2011
77105 posts
Posted on 1/21/26 at 6:12 pm to
I may be slightly drunk
Posted by Twix 23
Member since Jan 2026
75 posts
Posted on 1/21/26 at 6:13 pm to
It’s unfortunate that previous administrations and politicians have put us in a position where it’s necessary to ignore the constitution in order to evict a bunch of illegals.
Posted by Jesterea
Member since Nov 2011
1213 posts
Posted on 1/21/26 at 6:14 pm to
That’s fine you feel that, just admit you don’t like living in a country with rights then. Own it like a man.
Posted by soonerinlOUisiana
South of I-10
Member since Aug 2012
2016 posts
Posted on 1/21/26 at 6:17 pm to
quote:

The memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities.


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