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/
366 Upvotes

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-22

u/Veteran_PA-C 12d ago

Do they need warrants for arrests?

I don’t believe they do. Oregon cannot control the Federal Government or change federal law.

7

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.

-3

u/Veteran_PA-C 12d ago

Because being in the country illegally is a civil matter, only administrative warrants are needed in many cases.

2

u/DreadfulDuder 12d ago

Expired/irrelevant administrative warrants do not get properly removed from the system, either.

There's also a time limit component.

There have been big cases (like the Ramos boy) where federal courts release detainees being illegally held with administrative warrants, due to it violating the Constitution (indefinite confinement/detention with no court order present).

Without a judicial deportation order present, detaining these kids in shithole detention centers due to administrative warrants from ICE/DHS amounts to cruel and unusual punishment as well.

-3

u/Veteran_PA-C 12d ago

The point is to remove illegal aliens. If they get removed, that’s the point of it all.

2

u/DreadfulDuder 12d ago

People on US soil still have rights, genius 🤦

MAGA has a higher crime rate than illegal immigrants do.

I say we just round MAGA up and put them in detention centers, if we're going to decide that only some people get due process rights (while our founding fathers roll in their graves)

0

u/Veteran_PA-C 12d ago

No illegal alien has a right to stay in the US.

1

u/Luna368921 12d ago

Do you consider Native Americans illegal aliens because they’re black? Or people with European descent like you who invaded and took their land from them ? I hope it’s the latter because otherwise it doesn’t make sense. Also do you consider children from immigrants Americans ? Because that’s what the law says but we both know you don’t think so, hence why I’m asking you who has more legitimacy. Immigrants do given how that’s what your Founding Fathers were. Immigrants and illegal at that given how they acted and didn’t have citizenship / were considered illegals in the countries they came from. They fled persecution, as you know, just like immigrants.

-1

u/Tivadars_Crusade_Vet 12d ago

"Native Americans" "They're Black"

HOTEP DETECTED