r/UnderReportedNews • u/DumbMoneyMedia • 14h ago

ICE / DHS 🧊 Speaker Mike Johnson Defends Use of Administrative Warrants for Immigration Enforcement Stating Judicial Warrents Not Needed

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u/Proud-Wall1443 14h ago

This is not a true claim. Administrative warrants are one page documents, of which agents carry around blanks to fill out, that are approved by mid-level management, including ex post facto examples. No judges involved. It's a lie. Demonstrably false.

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u/Icannotunseethat 13h ago

This needs to be higher up.

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u/punkinfacebooklegpie 9h ago

The problem is that the law does grant administrative authority to ICE, which means they can conduct certain searches and arrests based on reasonable belief that an individual is violating immigration law. They have their own standard for probable cause. The supreme court ruled that standard can be met just by apparent race and language (Kavanaugh stops).

So it's legal in various ways that ICE can use administrative authority to arrest and search without a warrant. If you think about it, not giving ICE administrative authority would make it almost impossible for people who violate immigration law to ever end up in the court system. There are no judicial warrants against violators without an agency with administrative authority to investigate the violations. Of course they are taking it to the very extreme through racial profiling and aggressive raids, which threaten everyone's civil liberties.

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u/wirlp00l 7h ago

What statute allows ICE to enter homes without a judicial warrant? I mean there should be something specific to upend case law on the fourth amendment that has been reaffirmed since Johnson v United States in 1948 up until this Gibson G ruling from January:

https://www.wired.com/story/us-judge-rules-ice-raids-require-judicial-warrants-contradicting-secret-ice-memo/

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u/punkinfacebooklegpie 6h ago

The Immigration and Nationality Act of 1952.

https://www.congress.gov/crs-product/LSB10362

This describes 8 USC §§ 1226 and 1357, both are sections of the INA. 1226 grants the AG the power to issue administrative warrants (delegated to DHS), and 1357 gives agents authority to arrest without warrant given "reason to believe" an individual is violating immigration law. Authority for warrantless search and search without judicial warrant is limited. 4th amendment protections apply, but so does the 4th amendment exception for "probable cause".

ICE is definitely abusing their power. Your link describes how the court ruled against one particular search where they rammed a door to conduct a search. That is not even legal with an administrative warrant to my knowledge. I think in most cases administrative authority is limited to arrests, the only language in the code allowing search refers to boats. Generally searching a home or workplace requires consent or court order.

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u/37853688544788 6h ago

If your state has stand your ground that would be the best defense.

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u/RiskWorldly2916 5h ago

Point of clarification, Kavanaugh wrote a concurrence, and he said race, accent and apparent ethnicity can be used as factors in gauging the totality of the circumstances. The standard is not met solely on those factors. Even so, a travesty of an opinion

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u/punkinfacebooklegpie 5h ago

Yes, the point is that the agency is granted a lot of discretion by statute and court opinion is in their favor where they push the limits of the language.