Lone Candle
Champion of Truth
The US rebelled against Britain partially because the British would invade people’s homes based on warrants signed by the executive themselves, rather than by a judge approving the justification of the warrant. That’s why the Constitution has the fourth amendment. ICE tried to secretly start using monarchical British-style warrants to invade people’s homes without a real warrant.
https://www.youtube.com/watch?v=MGr-yWEu0hc
“Federal immigration officers are asserting sweeping power to forcibly enter people’s homes without a judge’s warrant, according to an internal Immigration and Customs Enforcement memo obtained by The Associated Press, marking a sharp reversal of longstanding guidance meant to respect constitutional limits on government searches.
The memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities.
The shift comes as the Trump administration dramatically expands immigration arrests nationwide, deploying thousands of officers under a mass deportation campaign that is already reshaping enforcement tactics in cities such as Minneapolis.”
https://www.yahoo.com/news/articles/immigration-officers-assert-sweeping-power-212644913.html
“Federal immigration agents forced open a door and detained a U.S. citizen in his Minnesota home at gunpoint without a warrant, then led him out onto the streets in his underwear in subfreezing conditions, according to his family and videos reviewed by The Associated Press.
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“ICE is not doing what they say they’re doing,” St. Paul Mayor Kaohly Her, a Hmong American, said in a statement about Thao’s arrest. “They’re not going after hardened criminals. They’re going after anyone and everyone in their path. It is unacceptable and un-American.”
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Thao, who has been a U.S. citizen for decades, said that as he was being detained he asked his daughter-in-law to find his identification but the agents told him they didn’t want to see it.
Instead, as his 4-year-old grandson watched and cried, Thao was led out in handcuffs wearing only sandals and underwear with just a blanket wrapped around his shoulders.
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Thao said agents drove him “to the middle of nowhere” and made him get out of the car in the frigid weather so they could photograph him. He said he feared they would beat him. He was asked for his ID, which agents earlier prevented him from retrieving.
Agents eventually realized that he was a U.S. citizen with no criminal record, Thao said, and an hour or two later, they brought him back to his house. There they made him show his ID and then left without apologizing for detaining him or breaking his door, Thao said.
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Thao’s son, Chris Thao, said ICE agents stopped him while he was driving to work before they went to detain his father. He said he was driving a car he borrowed from his cousin’s boyfriend. Court records show that the boyfriend shares the first name of another Asian man who has been convicted of a sex offense. Chris Thao said the two people are not the same.
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The U.S. Department of Homeland Security described the ICE operation at Thao’s home as a “targeted operation” seeking two convicted sex offenders.”
Is there really no better way to make sure they are the same person than breaking down a man’s door, dragging him out into the cold undressed, and driving him away from his scared family?
“Thao told the AP that only he, his son and daughter-in-law and his grandson live at the rental home. Neither they nor the property’s owner are listed in the Minnesota sex offender registry. The nearest sex offender listed as living in the zip code is more than two blocks away.”
https://www.msn.com/en-us/news/other/us-citizen-says-ice-removed-him-from-his-minnesota-home-in-his-underwear-after-warrantless-search/ar-AA1UyqXb?ocid=msedgntp&pc=NMTS&cvid=696fb1bb62c84a0b8f300a53ecc9197e&ei=18
“The federal surge, which took place after Trump signed an executive order declaring a crime emergency in the nation’s capital, brought with it a spike in immigration-related arrests. But despite the pretense of curbing and targeting violent crime, more than 80 percent of the 1,100 people arrested for immigration offenses had no prior criminal record. And according to United States District Court for the District of Columbia Judge Beryl A. Howell, many of these warrantless immigration arrests may have been unlawful.
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her determination that the DHS has, in fact, adopted an unlawful policy and practice of conducting warrantless immigration arrests without probable cause that runs counter to federal law and “well-settled constitutional principles,” and reveals an “abandonment of the probable cause standard.””
https://reason.com/2025/12/04/federal-judge-confirms-what-we-already-knew-dhs-is-breaking-its-own-rules-in-d-c-immigration-arrests/
“Newly uncovered guidance from the Justice Department claims the Alien Enemies Act (AEA) allows federal law enforcement officers to enter the houses of suspected gang members without a warrant and remove them from the country without any judicial review.”
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“The Trump administration has refused to disclose many of the operational details of its unprecedented invocation of the 1798 wartime law to send alleged TDA members to a prison in El Salvador under an agreement with that country’s president, Nayib Bukele. The memo is one of the first public glimpses at the Trump administration’s claims that it can identify, pursue, arrest, and deport migrants, unconstrained by the Fourth Amendment or due process.”
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“”The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order,” Wilkinson warned. “Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.””
https://reason.com/2025/04/25/justice-department-memo-claims-alien-enemies-act-allows-warrantless-home-searches-and-no-judicial-review/
“The Trump administration could be gearing up for broader warrantless immigration enforcement. Lawyers for the administration “have determined that an 18th-century wartime law the president has invoked to deport suspected members of a Venezuelan gang allows federal agents to enter homes without a warrant,” The New York Times reported on Thursday, which would effectively set “aside a key provision of the Fourth Amendment that requires a court order to search someone’s home.”
The “18th-century wartime law” in question is the Alien Enemies Act of 1798, which gives the president broad authority to detain and deport noncitizens during times of war. Trump invoked the law earlier this month to justify deporting alleged members of Tren de Aragua, a Venezuelan gang. Members of the gang had “unlawfully infiltrated the United States and are conducting irregular warfare” against Americans, Trump explained in an executive order.
“All such Alien Enemies, wherever found within any territory subject to the jurisdiction of the United States, are subject to summary apprehension,” the order continued. Senior Justice Department lawyers believe that language and the Alien Enemies Act’s historic applications mean “the government does not need a warrant to enter a home or premises to search for people believed to be members of that gang,” the Times reported.
The administration should think twice about acting on that interpretation, given the fallout over last weekend’s Alien Enemies Act–related deportations. An ICE official’s sworn affidavit “paint[ed] the picture of a Trump administration and ICE management that were determined to deport as many people as possible, no matter how tenuous the connection to Tren de Aragua or any crime,” wrote Reason’s Eric Boehm. Reports on the deportees suggest that many may have been sent to a Salvadoran prison for extremely flimsy reasons, including innocuous tattoos. It would’ve been far better for the government to assess those grounds for deportation in court hearings rather than whisking people out of the country and potentially making grave, life-altering mistakes.”
https://reason.com/2025/03/21/will-ice-use-the-alien-enemies-act-to-enter-homes-without-warrants/
“A number of state wildlife agencies as well as FWS claim the right to not only enter private property, but in some cases to plant cameras as well, without either a warrant or the property owner’s permission. For example, a chapter of the FWS policy manual denoting “circumstances where a Service officer may observe and obtain evidence without courts considering it a search” stipulates, “when Service officers enter onto open fields…their observations are reasonable under the Fourth Amendment.”
The open fields doctrine dates back to the Prohibition-era Supreme Court decision Hester v. United States (1924). Revenue agents caught a bootlegger with jugs of moonshine. He was on his property but away from his home. He sued to overturn his arrest, as the officers were on the property without a warrant. Writing for the majority, Justice Oliver Wendell Holmes upheld the arrest, finding that “the special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers, and effects’ is not extended to the open fields.”
Decades later, the Court affirmed the decision in Oliver v. United States (1984): Justice Lewis F. Powell Jr. held that “in the case of open fields, the general rights of property protected by the common law of trespass have little or no relevance to the applicability of the Fourth Amendment.” Further, “steps taken to protect privacy,” like fences or “No Trespassing” signs, “do not establish that expectations of privacy in an open field are legitimate in the sense required by the Fourth Amendment.””
“The documents indicate the warrant was issued to investigate potential violations of the Espionage Act. That act states, among other things, that an official entrusted with sensitive or classified information who allows it to be taken away from its secure location through “gross negligence” or who knows it’s been removed from safety and doesn’t tell federal officials can be fined or imprisoned for up to 10 years. They also suggest an inquiry into possible improper removal or destruction of federal records, and obstruction of a federal investigation.
The receipt suggests 11 sets of documents were recovered, including items related to French President Emmanuel Macron, handwritten notes, photos, and top-secret materials.”
“CBS 2’s investigation shows that the raid on Young’s home was completely avoidable if Chicago police had done the bare minimum to vet the information on the search warrant. The warrant was based on a tip from a confidential informant, who had provided the wrong address for a man suspected of having an illegal gun. The suspect lived next door to Young.
Young’s case is just the latest in a long string of lawsuits filed against the Chicago Police Department for terrorizing innocent families during wrong-door raids that were based on sloppy, unverified search warrants.”