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Started By
Message
re: Can You Prevent ICE from Entering Your Home with no Warrant?
Posted on 1/25/26 at 2:40 pm to RanchoLaPuerto
Posted on 1/25/26 at 2:40 pm to RanchoLaPuerto
quote:
ICE shows up at your house wanting in.
You ask and they tell you they do not have a warrant.
quote:
Can you resist? Can you use force?
The cannot legally enter your home without legal authorization, but if you use force to prevent it, it will almost definitely only benefit the case your surviving family members bring against them.
0
Posted on 1/25/26 at 2:40 pm to RanchoLaPuerto
I would not consent to their entry. I wouldn’t try to get physical because they’ve shown no hesitancy to use violence against citizens. I’d make it clear, though, that it is a nonconsensual and unlawful entry. I would do everything I can to create a record ( calling my attorney or the authorities.
Posted on 1/25/26 at 2:41 pm to RanchoLaPuerto
No different than a cop stopping you for running a red light, and know you didn't. You can try to explain, and try to get out of it, but if he's hell bent on giving you a ticket, you get the ticket, and your day in court.
The alternative? You just drive off? That's gonna be a problem.
So in your case, they have weapons, you aren't going to survive a fight. You go along and deal with it in court.
Now, for a dose of reality, have ICE entered homes without warrants where they didn't already have 'reasonable cause'?
The alternative? You just drive off? That's gonna be a problem.
So in your case, they have weapons, you aren't going to survive a fight. You go along and deal with it in court.
Now, for a dose of reality, have ICE entered homes without warrants where they didn't already have 'reasonable cause'?
Posted on 1/25/26 at 2:42 pm to RanchoLaPuerto
The Constitution and immigration law don’t prohibit use of administrative warrants for home arrest if the removal order and probable cause already exist.
In short, they do not have to go to court and get a warrant.... Just an administrative warrant by the agency.
In short, they do not have to go to court and get a warrant.... Just an administrative warrant by the agency.
Posted on 1/25/26 at 2:43 pm to MidWestGuy
quote:
No different than a cop stopping you for running a red light, and know you didn't. You can try to explain, and try to get out of it, but if he's hell bent on giving you a ticket, you get the ticket, and your day in court.
Good analogy.
Posted on 1/25/26 at 2:44 pm to RanchoLaPuerto
If they so not have a warrant, you can refuse them entry.
If they have an administrative warrant, you can try, but dont be surprised if they ignore you (or pin you against the wall).
If they have an administrative warrant, you can try, but dont be surprised if they ignore you (or pin you against the wall).
Posted on 1/25/26 at 2:45 pm to BCreed1
In my case, they have no warrant, administrative or otherwise.
Posted on 1/25/26 at 2:46 pm to RanchoLaPuerto
quote:
In my case, they have no warrant, administrative or otherwise.
Your case, or your hypothetical?
Posted on 1/25/26 at 2:46 pm to RanchoLaPuerto
quote:they have a right to defend themselves too.
In my hypo, they don’t even have that. And they admit it.
Can I pull out the shotgun?
If you'd rather handle it by lead instead of court that's on you.
One you might win, the other is death.
Posted on 1/25/26 at 2:47 pm to stout
quote:
The memo simply states they are using administrative warrants.
That's not going to be legal. Those aren't valid warrants that permit such an intrusion.
Posted on 1/25/26 at 2:47 pm to RanchoLaPuerto
Legally you announce you do not consent to search (do not obstruct). Later, if they find anything, you have grounds to sue for damages or stop any evidence from being used. You argue your case in court not at the scene where it's occuring.
Posted on 1/25/26 at 2:48 pm to RanchoLaPuerto
Bruh just because they don’t need a warrant doesn’t mean they can go house to house for no reason at all. Even the Gestapo didn’t do that, Hollywood to the contrary
Posted on 1/25/26 at 2:50 pm to RanchoLaPuerto
quote:
Can I pull out the shotgun?
No you have to take them to court.
At issue here is what do they the the right to do. AND what do you have the right to do if they violate your rights.
If they do not have authorization, you do not have to let them in. When they come in illegally, you don't resist and you take them to court afterwards.
Posted on 1/25/26 at 2:51 pm to BarnHater
quote:
If you have nothing to hide why does it matter?
Kind of like the Patriot Act surveillance laws, right?
Posted on 1/25/26 at 2:51 pm to RanchoLaPuerto
if they have a deportation order for you then yes. are you here illegally and do you have an order of deportation assigned to you. if so you better get right with jesus child.
Posted on 1/25/26 at 2:53 pm to dickkellog
Nope. That’s the hypo. I’m sixth generation ‘Merican.
Posted on 1/25/26 at 2:54 pm to RanchoLaPuerto
Wrote a brief on this in law school except it was a social worker who entered a house without permission , searched, and took kids. Research of case law came up with she needed a warrant.
Posted on 1/25/26 at 2:54 pm to RanchoLaPuerto
quote:
I’ve got no agenda here. I’m trying to figure out where the legal line is.
It isn't a question of legal or not; it is a question of outcomes.
If I get shot by police, and an investigation and court find that I was justified and they were not, how does that benefit me when I am dead?
The question is, what actions do I take that will make sure I am still alive after this interaction is finished?
Posted on 1/25/26 at 2:54 pm to RanchoLaPuerto
you got the right to stand in the middle of an interstate hwy protesting but it might be dangerous
Posted on 1/25/26 at 2:58 pm to SlowFlowPro
quote:
Those aren't valid warrants that permit such an intrusion.
United States v. State of New York:
quote:
The U.S. District Court for the Northern District of New York struck down state-level protections (specifically the Protect Our Courts Act) that tried to ban ICE from making arrests using only administrative warrants.
The Ruling: The court held that the Supremacy Clause prevents states from requiring ICE to have a judicial warrant to carry out its federal mission.
The Outcome: This allows ICE to use administrative warrants in state facilities (like courthouses) despite state laws requiring a judge's signature.
United States v. Malagerio (5th Circuit):
The Ruling: The court upheld the arrest of a man who was removed from his home under an administrative warrant.
There are others
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