The recourse for law enforcement to "persons still resisting deportation waving to them from their windows" is to get a signed judicial warrant allowing them to forcibly enter the house. That's the way our system is intended to work. We shouldn't allow short cuts because the system/process is inconvenient for those in power. That is a pathway to abuse.GannonFan wrote: ↑Fri Jan 23, 2026 12:46 pmThe warrant thing will be interesting and I'm not sure how it will be parsed. It's been an issue for quite some time - under other administrations (both Dem and GOP) the restriction of not using an administrative warrant to enter a house to get an illegal immigrant who has already been through all their judicial procedures and due process and has a deportation order has resulted in immigration officials sitting outside of houses and the persons still resisting deportation waving to them from their windows. It would seem in those cases, especially with due process being fully used up, that this shouldn't happen. But it does. Sanctuary policies and local and state governments not only not working with immigration officials but in fact working against immigration officials. A true originalist like Scalia could fall back onto the Constitution and say the Executive branch has the authority to carry out the laws and can remove immigrants with deportation orders. A judge like that could also fall back that it's the federal government, not the states or local, that dictate immigration laws and that sanctuary laws and refusal to cooperate with federal officials runs contrary to the Constitution as well.UNI88 wrote: ↑Fri Jan 23, 2026 12:12 pm
He said, she said is accurate but mcclaughlin, bovino and others have been caught in enough lies to question the truth of what they're saying here. They've lost their credibility.
As far as warrantless searches, you're partly right that ICE often uses administrative warrants for immigration enforcement actions. Under generally established law, administrative warrants don't allow ICE to enter homes without a judge’s warrant or consent. This will play out in court and I expect the lower courts to enforce traditional Fourth Amendment protections and require judicial warrants for forced home entries outside of narrow, already established exceptions. An appeal to SCOTUS is the wild card - will they carve an immigration-specific exception? Or will they uphold classic home privacy protections? A true originalist like Antonin Scalia would very likely reject the idea that ICE can force entry into a home using only an executive-issued administrative warrant. We'll see what this Court does if it gets that far.
I don't think Scalia believed that executive enforcement power overrides the Fourth Amendment or that federal supremacy erases individual constitutional rights.
Blaming this on sanctuary laws/policies is a red herring IMO. Sanctuary laws/policies do not block ICE from seeking judicial warrants, prevent ICE from entering homes with valid judicial warrants or override federal supremacy. The federal government is free to sue state and local government with sanctuary laws/policies over whether they run contrary to the Constitution or not.
I agree that it will be interesting to see how this plays out. I would expect Sotomayor, Kagan and Brown Jackson to rule against and Thomas and Alito to rule in favor of the ICE policy. As usual, it will come down to Gorsuch, Kavanaugh, Coney Barrett and Roberts.





