SCOTUS Proves It! Trump’s ICE 'No Warrant' Policy Is Lawful!

Quick Overview

The video argues that warrantless entry into a residence to take custody of an illegal alien is lawful, challenging the assumption that such entry violates the Fourth Amendment, by citing Supreme Court cases like Payton v. New York and Griffith v. Wisconsin to differentiate the protection afforded to citizens versus deportable aliens.

Key Points: Warrantless entry into a residence to take custody of an illegal alien pursuant to a final order of removal is argued to be lawful, contrasting with the higher protection afforded to American citizens. The speaker cites the 1980 case Payton v. New York, which established that a judicial arrest warrant is needed for entries into a home to arrest a citizen, but argues this protection is less applicable to deportable aliens. The article discussed suggests that ICE officers can legally enter a residence without a warrant to apprehend an illegal alien with a Final Order of Removal because the Fourth Amendment's warrant requirement is not fully extended to this group. The speaker contrasts the situation with the protection afforded to law-abiding American citizens, who retain full Fourth Amendment protection, and highlights that even probationers' homes have some protection, as established in Griffith v. Wisconsin. The speaker quotes Justice Scalia's opinion in Griffith noting that while searches require warrants, exceptions exist when 'special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirement impracticable.' The discussion points out that deportation proceedings are civil actions, not criminal, and cites language from Justice O'Connor in Lopez-Mendoza emphasizing that the judiciary should not create barriers to law enforcement in the pursuit of a supervisory role. The speaker concludes that the legal academy's default assumption that warrantless entry is a violation of the Fourth Amendment is not necessarily true when dealing with deportable aliens subject to a final removal order.