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re: Can You Prevent ICE from Entering Your Home with no Warrant?

Posted on 1/25/26 at 3:01 pm to
Posted by stout
Porte du Lafitte
Member since Sep 2006
182335 posts
Posted on 1/25/26 at 3:01 pm to
quote:

That's not going to be legal. Those aren't valid warrants that permit such an intrusion.


FYI, they have been used and even Obama used them. I do agree it's questionable if it gives ICE the right to enter a home if you say no
This post was edited on 1/25/26 at 3:03 pm
Posted by RanchoLaPuerto
Jena
Member since Aug 2023
2150 posts
Posted on 1/25/26 at 3:01 pm to
That’s not my question. In my hypo, they have no warrant at all.
Posted by stout
Porte du Lafitte
Member since Sep 2006
182335 posts
Posted on 1/25/26 at 3:02 pm to
quote:

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


I think the Obama admin was sued for it too and won
Posted by RohanGonzales
Pronoun: Whatever
Member since Apr 2024
10654 posts
Posted on 1/25/26 at 3:03 pm to
WHen has ICE done that?
Posted by RanchoLaPuerto
Jena
Member since Aug 2023
2150 posts
Posted on 1/25/26 at 3:03 pm to
quote:

WHen has ICE done that?


Not my point.
Posted by RanchoLaPuerto
Jena
Member since Aug 2023
2150 posts
Posted on 1/25/26 at 3:05 pm to
quote:

The Ruling: The court upheld the arrest of a man who was removed from his home under an administrative warrant.


That’s not my facts. They aren’t after me in my hypo.
Posted by Timeoday
Easter Island
Member since Aug 2020
23041 posts
Posted on 1/25/26 at 3:05 pm to
Of course you can, especially if you are are not breaking a law.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 1/25/26 at 3:05 pm to
quote:

United States v. Malagerio (5th Circuit):


quote:

The district court found that Malagerio was not seized until after he had exited his home(the trailer) and that he was not located on any curtilage of that home.


quote:

Malagerio says that he was “seized in [his] doorway.” Oral Argument at 4:06–08. But “a person standing in the doorway of a house is ?in a “pub-lic” place,’ and hence subject to arrest without a warrant permitting entry of the home.”
Posted by Tiger Prawn
Member since Dec 2016
25841 posts
Posted on 1/25/26 at 3:06 pm to
quote:

Are you housing known criminal illegals?
Doesn’t matter. They still need a warrant or consent to enter a private residence. Unless they were already in a chase with the suspect and the agents saw the suspect run inside.

ETA: same goes for private businesses. No warrant needed for areas open to the general public (ie. dining area of a restaurant) but they do need a warrant to enter employee only areas (ie. break room or kitchen)
This post was edited on 1/25/26 at 3:08 pm
Posted by thejuiceisloose
Member since Nov 2018
6387 posts
Posted on 1/25/26 at 3:08 pm to
quote:

If you have nothing to hide why does it matter?


So, you're fine with the police entering your home whenever they please and rummaging through all your belongings in search for incriminating evidence?
Posted by stout
Porte du Lafitte
Member since Sep 2006
182335 posts
Posted on 1/25/26 at 3:13 pm to
I think the argument they are making for administrative warrants is they are signed off on by immigration judges but that would mean they remain administrative in nature

Posted by Camp Randall
The Shadow of the Valley of Death
Member since Nov 2005
17578 posts
Posted on 1/25/26 at 3:13 pm to
We only support the 2nd and 4th amendment when it suits our politics. You must be new here.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 1/25/26 at 3:14 pm to
quote:

I think the argument they are making for administrative warrants is they are signed off on by immigration judges but that would mean they remain administrative in nature

Administrative judges are not neutral arbiters required by the 4th Amendment. They're not even real judges. They work for the Executive, not the Judicial branch.
Posted by BarnHater
Member since May 2015
8778 posts
Posted on 1/25/26 at 3:14 pm to
I’m fine with ICE doing whatever is necessary to get illegals out of our country.
Posted by stout
Porte du Lafitte
Member since Sep 2006
182335 posts
Posted on 1/25/26 at 3:15 pm to
I know that's why I said they remain administrative when signed by an immigration judge

Its curious why Dems haven't sued to stop it yet, though.
Posted by Powerman
Member since Jan 2004
173659 posts
Posted on 1/25/26 at 3:16 pm to
quote:

Are you housing known criminal illegals? Then no you can't stop them


How would they know this though? It's ok to ask these questions.
Posted by LegendInMyMind
Member since Apr 2019
75135 posts
Posted on 1/25/26 at 3:17 pm to
quote:

I’m not an illegal and I’m not housing any illegals so I don’t have to worry about this scenario.

Always the single dumbest response to questions like this.
Posted by stout
Porte du Lafitte
Member since Sep 2006
182335 posts
Posted on 1/25/26 at 3:17 pm to
quote:

How would they know this though? It's ok to ask these questions.



They have the address from the prior court hearings and final deportation orders
Posted by paulb52
Member since Dec 2019
8486 posts
Posted on 1/25/26 at 3:20 pm to
Sure, if you have nothing to hide, why would you deny entry? If you do have something to hide, then tell them they need a warrant.
Posted by Zahrim
McCamey Texas
Member since Mar 2009
8152 posts
Posted on 1/25/26 at 3:21 pm to
Rule 1.

Never, ever, ever open your door to the Police, any Police, ever.

Rule 2.

Refer to Rule 1.

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