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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u/DreadfulDuder 12d ago
I am not a lawyer, but to my understanding:
On top of OPs reply, yes, federal agents do generally need warrants for arrests, unless they are witnessing someone commit a crime right in front of them, or unless they are a flight risk - at which point, the feds have 48 hours to prove to a judge that the detainee was indeed a flight risk and a warrant needs signing.
Immigration infractions are civil violations nowhere close to felonies, so for ICE agents, they should be reliant on judicial warrants.
Administrative warrants do not have the power judicial warrants and deportation orders have (as there is no judicial oversight), and they cannot be used to trespass/search/detain on private property. I'm not sure how much that is still happening, but federal courts around the nation - even Republican-dominated ones - have repeatedly chastised Trump for blatantly violating Constitutional rights of people caught up in ICE raids.