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

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I specifically defend the Constitution to oppose authoritarian bullshite.

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As should we all. If what is happening violates the 4th in any way there is no amount of excuses to applaud this.

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....now the 4th Amendment

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Is there any evidence that this method has actually been used or are we just arguing about some unseen memo?

The article gives a date of May, 2025...we should be seeing this happen everywhere by now...right?

Or is this whole thing BS.

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So they were getting legal advice to stay in their home when under a removal order to avoid deportation?

I wonder how many lawyers gave this advice and how many of those lawyers are facing disbarment for advising clients to break the law and ignore their removal order.

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What's illegal about advising clients to demand the state follow the Constitution and present a proper warrant?

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You can enter someone’s home to serve an arrest warrant

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Sometimes, but if you're talking about a proper arrest warrant signed by a neutral magistrate, then my comment you quoted still applies. Those types of arrest warrants are also different than administrative warrants.

The Difference Between Judicial and Administrative Warrants

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A judicial warrant is an official court order signed by a judge or magistrate that authorizes a search of private property, seizure, or arrest based on probable cause that a crime is being committed or has been committed.

A judicial warrant will:

Specify the specific address to be searched.
Specify the time period in which the search must take place.
Particularly describe the place or person, or both, to be searched and things to be seized.
Be issued by a court and signed by a Judge or magistrate.

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An ICE administrative warrant is a document, issued by a federal agency such as Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE), purporting to document their authority to arrest a person suspected of violating immigration laws. These administrative documents are not signed by a neutral magistrate or judge but rather an immigration officer like an ICE agent or immigration judge.

An ICE administrative warrant is NOT a judicial warrant. ICE administrative warrants do not give ICE officials authority to enter a place where there is a reasonable expectation of privacy, without consent.

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They are advising their clients to ignore a valid court order.

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It's not valid for these purposes.

Hence the "proper warrant" portion of my comment.

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Are you literate?

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It’s this, of course

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I tend to agree. Until there’s a confirmation it is just red meat to fight over.

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An ICE administrative warrant is a document, issued by a federal agency such as Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE), purporting to document their authority to arrest a person suspected of violating immigration laws. These administrative documents are not signed by a neutral magistrate or judge but rather an immigration officer like an ICE agent or immigration judge.

An ICE administrative warrant is NOT a judicial warrant. ICE administrative warrants do not give ICE officials authority to enter a place where there is a reasonable expectation of privacy, without consent.

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This doesn't sound like the sky is falling. Law enforcement arrests people all the time without asking permission from a judge. I can maybe see some friction depending on where the suspect might be, but that would exist regardless of why the person has an arrest warrant.

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A final removal order is invalid for the purposes of a final removal?

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It's not valid to enter someone's home without a proper warrant, which was the advice you were refernecing.

Now, if you failed at reading comprehension (again), it wouldn't be shocking. I will do my duty to explain it to you (like usual).

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So you have lawyers advising clients to ignore a final removal order by hiding in their homes

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The state cannot legally enter those homes without a warrant. Advising them to not permit search/entry without a proper warrant is 100% legal and ethical, as it conforms with the law.

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and you don't see an ethical problem for the lawyers?

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What's unethical about following the law and demanding the state do the same?

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The state cannot legally enter those homes without a warrant. Advising them to not permit search/entry without a proper warrant is 100% legal and ethical, as it conforms with the law.

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They are advising them ignore a valid legal order and telling them a cop can't come in without a judicial warrant so it will be hard to enforce.

That is 100 percent unethical and encourages clients to break the law.

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That can only occur if the state gets legal custody of the person. Yeah, advising your client to resist a lawful detention would be illegal

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False.

An immigration judge can issue a removal order with or without the person in custody.

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But that's specifically not what the article is discussing

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My post was literally commenting that the only thing important in the article is the unethical legal advice. I don't care what point the trash "journalist" was trying to make.

The rest of your post is obviously worthless.