MsM has falsely claimed that the use of administrative warrants by Immigration and Customs Enforcement (ICE) to arrest illegal aliens with a final order of removal at their homes is a violation of the Fourth Amendment.
DHS General Counsel James Percival explained the constitutionality and legal precedent behind the use of such warrants to arrest illegal aliens.
Every illegal who DHS serves administrative warrants, I-205s, has had full due process and a final order of removal from an Immigration Judge.
The officers issuing these administrative warrants also have found probable cause.
For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement.
Under federal immigration law, officers may issue an administrative warrant, which means probable-cause finding is made by an executive-branch officer rather than a judicial officer.
This is consistent with judicial recognition that illegals aren’t entitled to the same 4th Amendment protections as U.S. citizens.
It is also consistent with the Supreme Court’s admonition that the touchstone of the Fourth Amendment is whether the search or seizure is “reasonable,” not whether it is supported by a judicial warrant.
While administrative warrants may satisfy the 4th for any arrest of an illegal, ICE uses these to enter their residence only when they have received a final order of removal from an Immigration Judge.
This means they have already seen a judge, presented their case, received due process, and ordered removed from the country.
Illegals are fugitives from justice, the U.S. Circuit Court of Appeals for the Eighth Circuit, which has jurisdiction over Minnesota, expressly recognized the legality that administrative warrants may be used to enter a residence to capture a fugitive.
If you do not allow entry, then expect them to escalate with force, these are fully legal, and are recognized by the Judicial branch as being legal.
However, advising someone not to comply with a valid federal warrant in the U.S. is a crime,and can lead to a myriad of federal charges.
Obstruction of justice, misprision of a felony, or aiding and abetting the person named in the warrant.
Advising someone to exercise their constitutional rights, such as staying silent until an attorney is present, is legal.
However, advising them to actively resist, hide, or ignore a valid judicial command/warrant, crosses the line into criminal interference.
