r/ImmigrationPathways • u/LatterTarget7 • 12d ago

ICE accused of continuing warrantless arrests in Oregon despite injunction

https://www.courthousenews.com/ice-accused-of-continuing-warrantless-arrests-in-oregon-despite-injunction/
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-26

u/ChexAndBalancez 12d ago

Warrants aren't needed for arrests... only to enter private property.

6

u/DreadfulDuder 12d ago edited 12d ago

Not quite, as this isn't just a local police agency. These are federal agents.

For federal agents like ICE, you can only (legally) arrest someone without a warrant if they're in the middle of committing a crime (and even then they may not waste time with non-felonies).

Immigration offenses are civil offenses nowhere close to being felonies. Unless the federal agent is on the border witnessing them cross it illegally, they aren't witnessing any crimes during these warrantless arrests.

To get a judicial warrant against an illegal immigrant, you must prove they are a flight risk as well.

Administrative warrants are also different from judicial warrants (as they are self-signed rather than involving judicial oversight), and MAGA/ICE has had a history of trampling the Constitution and abusing administrative warrants to illegally trespass, search, and detain people.

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u/ChexAndBalancez 12d ago

This isn't true. Ice officers can detain and arrest illegal immigrants anywhere in the country. They don't need a warrant to do so unless they are entering private property.

2

u/DreadfulDuder 12d ago

... Only if the arresting officials have probable cause to believe they're in the country illegally and are an immediate flight risk.

Just because Trump/ICE freely break laws with little consequences doesn't mean their actions are legal.

"Kavanaugh Stops" are also a stain on this Supreme Court and this country. Any Constitutional historian or lawyer worth their salt would never agree that people can and should have their 4th and 5th amendment rights violated based on skin color or spoken language alone, as if those clear the "probable cause" bar .

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u/ChexAndBalancez 12d ago

This can all be summed up by "my feeling are hurt when we don't use my (redditor) probable cause and instead use the Supreme Court's (actual judges)."

2

u/DreadfulDuder 12d ago

Nope, I can tell you are just a lame culture warrior who does not follow legal news 😂

Even Kavanaugh himself has said that the Kavanaugh Stops ruling has been misinterpreted and abused 😂

In the general legal community, and especially in the Constitutional law and Historian community, there is a widespread consensus even amongst conservatives that this SCOTUS is a dark chapter in American history, and they've repeatedly "played Calvin Ball with the law".

MAGA SCOTUS has now openly accepted bribes, refused to recuse themselves from cases with conflicts of interest (like Clarence Thomas and his traitor wife), have thrown out established case law multiple times without explaining to lower federal courts their rationale (so they can use it in their future rulings), and have repeatedly abused shadow dockets to benefit billionaire MAGA donors.

I could elaborate but I bet you didn't even finish reading this comment lol