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ELI5 How is this legal? Doesn't the constitution give us the right to tell them piss off? (www.yahoo.com)
submitted 9 months ago by to c/explainlikeimfive@lemmy.world
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[–] 12 points 9 months ago (8 children)

It says ICE agents are allowed to forcibly enter a person’s home using an administrative warrant if a judge has issued a “final order of removal.” Administrative warrants permit officers and agents to make arrests and are different from judicial warrants, which judges or magistrates sign allowing entry into homes.

It’s basically a new legal theory (like the bush torture memos you can just make them up) and they’re claiming the preexisting administrative warrant is good enough

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  • [–] 3 points 9 months ago* (7 children)

    The article says it's also not a search warrant, which backs up their claim saying they can enter because they aren't searching.

    Which is stupid.

    But if it's not a search warrant, and they start doing this, I wonder if there's some way to protect yourself by requiring finding you in the house to constitute a search?

    Like what if you attached a bookshelf to your bedroom door. And you had to move a book to access the handle?

    That's a search?

    Maybe that's a way to try to continue legally protecting yourself within their illegal entry? Or something like that anyway.

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  • [–] 4 points 9 months ago* (4 children)

    They're already ignoring law. Stop looking for loopholes and start looking for safe shooting positions.

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  • [–] 1 point 9 months ago* (3 children)

    Pretty sure a 'hidden' room is a good spot to shoot from if that's the decision you're going to make.

    It will make it more obvious they are about to enter it somehow.

    edit: Also boobytraps would probably be effective at that point as well.

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  • [–] 1 point 9 months ago (2 children)

    Just remember, an annoyed invader that has no external challenge can just set your house on fire and smoke you out, boobytraps or no.

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  • [–] 0 points 9 months ago (1 child)

    You think ICE is going to go as far as lighting houses on fire to get someone to exit?

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  • [–] 1 point 9 months ago*

    Not necessarily ICE, but 1. I wouldn't put it past them. and 2. If even a lame-ass civil war largely in name only erupts, you bet your ass fascist pieces of shit would torch someone's house before they put themselves in actual proved danger.

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  • [–] 4 points 9 months ago (1 child)

    Problem with that idea is that they don't actually care about any of the technicalities one way or the other, they just tossed out a somewhat plausible sounding "justification" to have something to point to. Their idiots will believe the justification regardless, and everyone else's time can be wasted arguing about it.

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  • [–] 1 point 9 months ago* (last edited 9 months ago)

    I mean ya, if they're coming into the house they're going to come and get ya administrative warrant or not (edit: because we all know they'll come in even without that), and if you can't get a lawyer to prevent yourself from being deported before they deport you, none of this does any good.

    But if you can manage to get as far as they entered, and had to search to find you, and they didn't just deport you anyway before being able to get in front of a court, it would make a difference in theory.

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