LEO can enter homes without a warrant via Alien Enemies Act

12,152 Views | 227 Replies | Last: 9 mo ago by Jack Boyette
richardag
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Slicer97 said:

Don't be an illegal and you won't have much to worry about.
The Democratic Party leadership defines illegal different than us. Unfortunately, I would not put it past any of them to abuse this egregiously to attack their opposition.
Among the latter, under pretence of governing they have divided their nations into two classes, wolves and sheep.”
Thomas Jefferson, Letter to Edward Carrington, January 16, 1787
AtticusMatlock
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This would give them the green light to enter any home though, including the homes of US citizens, as long as they claim they're acting under this statute.

That sure does put a lot of blind trust in law enforcement and hoping they are acting in good faith.

Not buying it.
Slicer97
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I was poking fun at the hypocrisy of the OP.
richardag
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Slicer97 said:

I was poking fun at the hypocrisy of the OP.
Thanks for the clarification.
Among the latter, under pretence of governing they have divided their nations into two classes, wolves and sheep.”
Thomas Jefferson, Letter to Edward Carrington, January 16, 1787
titan
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AtticusMatlock said:

This would give them the green light to enter any home though, including the homes of US citizens, as long as they claim they're acting under this statute.

That sure does put a lot of blind trust in law enforcement and hoping they are acting in good faith.

Not buying it.
Sure looks like it does. And how necessary is this? It sounds a bit like the David Korresh error --- there are plenty of opportunities to seize outside the home stage.
BigRobSA
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If true...

...horrible idea. Now, imagine a liberal regime using this made-up power....

No thanks.
BMX Bandit
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Picard said:

Illegals don't have any rights




Do people really believe this?
Stat Monitor Repairman
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Recent swatting epidemic demonstrates that warrantless entry is just an anonymous phone call away.
HTownAg98
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Picard said:

Illegals don't have any rights



Complete and utter bull***** The Bill of Rights says "people," not "citizens," whether you like it or not.
JobSecurity
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Just wait until they form the zero day commission
fredfredunderscorefred
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1) no ***** This act is based around wartime and invasion. Does anybody actually think if we were invaded, we'd have to go get a warrant to do anything about the invaders?
2) whether one thinks we are being invaded and this was the correct application of the act is a different conversation .
3) this story is based on some legal writings which probably ended up at #1 correctly based on prior applications of this act
4) the story also specifically points out that the admin doesn't plan to use it (or at least no plans to use it)
Edit: 5) I've said repeatedly that I don't like how much power has been given to the executive over the years. And yes once the commies have control again (they will), they will CONTINUE to abuse the powers they have (they won't start because Trump did something. They will continue doing what commies do)
BCSWguru
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yep, just start swatting places.
deddog
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rgvag11 said:



senior Justice Department lawyers are interpreting the act as a free pass for immigration officials to enter homes without warrants in order to search for suspected "alien enemies."
https://people.com/trump-alien-enemies-act-ice-raids-without-warrant-11700762

I think if you care about freedom and the power that governments have to deprive people of their freedoms throughout history, then this should be a bridge too far. Judicial oversight is an important backstop.
If you voted for a President that didn't allow illegals in, this wouldn't be an issue.

YOU voted for a Democrat.
YOU caused this to be an issue.

Next time, be wise about who you vote for.
titan
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Imagine for a second. You have a cleaned up judiciary (partly by Congressional mass abolition)

Now, as a process question -- conceivably, if you have enough info where wanting to raid a home without a warrant to get an illegal alien --- don't you probably also have info enough in the first place to arrest them where working or to-and-fro from there? Why would a warrant be hard to get.

Just questioning the need of this degree of reach -- because as another poster pointed out, this isn't a case of wondering if they have time to dispose of drugs or a bomb (if an Islamist). The person themselves is the quarry.
HTownAg98
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BMX Bandit said:

Picard said:

Illegals don't have any rights




Do people really believe this?

48 people and counting…
evestor1
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Real libs us the 1798 portion of the illegal aliens act to really hit the feels of their prey!


Illegal Aliens Act ... pfft whatever!

Illegal Aliens Act of 1798! ... zing boomer!
aggiehawg
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Quote:

No warrant needed for removal.
Exactly. Trying to analyze detention/deportation using criminal law concepts for warrants doesn't work. And certainly not when done pursuant to the invocation of the AEA.
RDV-1992
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This is bs - they shouldn't be able to do that. That said, ICE should be able to get warrants. It's a two way street, and it seems like neither side is working well.
unmade bed
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Yep. Totally expected. Just follow the rules the unitary executive wants you to follow and you will be fine. This is the state of things now
agsalaska
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Terrible idea.
The trouble with quotes on the internet is that you never know if they are genuine. -- Abraham Lincoln.



Stat Monitor Repairman
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This is largely TDS hysteria on the basis that CBP has long had broad authority within a 100-mile border zone extending offshore into the territorial waters of the US. Some of this is codified at 8 CFR 287.1. Also 19 USC/CFR comes into play here as well.

The point is that the previous administrations open border policy has necessitated that Trump to extend this longstanding rule to the rest of the country that lives 100 miles inland (~60% of US population).

That said, nobody is in favor of warrantless searches but that's a consequence of our own making.

So for the 40% of people that live within 100 miles of the coast or an International border, your rights remain unchanged. For everbody else, welcome to the party pal.
Silent For Too Long
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BrazosDog02 said:

Oof. People championing this should be deported to a third world country.

Anyone that supports degradation of rights for some supposed increase in security is an enemy of me and my country.


How about the people who let 12 million people illegally invade this country so they could secure political power?

Where were you on that?
txyaloo
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Good lord all the blue star "liberal owning" at the beginning of this thread is stupid.

This is a terrible slippery slope precedent. No one, whether they're on the left or right, should be cheering this.

Federal agents should never be able to enter a home, citizen or not, without a warrant. I think most exigent circumstances including "hot pursuit" should go away too.

if you want in someone's home, get a warrant.

This could be folks on the right when the pendulum shifts. Gun confiscation? Oops we think you have an alien enemy in your house and we'll just let ourselves in to check. Found "illegal" guns? Yep, now you're going to prison.

This is 100% terrible Trump.
rwtxag83
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rgvag11 said:

John Fisher Pessimist said:

rgvag11 said:

Slicer97 said:

Don't be an illegal and you won't have much to worry about.
Unless LEO thinks you are harboring one.


So don't harbor or support harboring one?

What if you are not, but LEO thinks you are? Should we not have a third party assess their reasoning. You know, like a judge.
Extreme reactions like this are what happens when extreme government over reach that harbors illegal disregard of our immigration and entry laws goes on for FOUR YEARS while Democrats whistle by the graveyard. Do something to call negative attention on these crimes being committed, and maybe you get some sympathy or agreement.

What drums were you beating loudly when Biden's cabal effectively eliminated our Southern border, then misappropriated billions to support and move these people? Much/most of it being funneled through NGO's got pushed back to Democrat politics and Democrat suppporters/donors. You didn't seem to have a problem with that.
Greater love hath no man than this....
frenchtoast
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Sometimes you get a little friendly fire when you're at war.
schmellba99
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Im Gipper said:

MouthBQ98 said:

Illegals do have rights, they are just limited to a certain subset that are basic constitutional rights for all human beings under the authority of our government. If they are hostile agents however, those rights are limited in the context of any ongoing threat to the USA. This might mean they can be pursued or sought on private property without protection if they are engaged in ongoing threatening activities.


What about the rights of the homeowner?


If ICE or whomever is at the point that they believe illegals are being harbored or held in a house that they invoke this Act as authority to enter without a warrant, they are at the point where they could use probable cause anyway.

And if they do F up and enter a house without a warrant and without probable cause or reasonable justification - hope the government gets its ass handed to them in court and the homeowner is compensated very well for such an egregious error on their part.
Cinco Ranch Aggie
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TA-OP said:

Picard said:

Illegals don't have any rights


That pesky US Constitution would suggest otherwise.
Go ahead and share the actual text that suggests otherwise, then.
doubledog
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rgvag11 said:



senior Justice Department lawyers are interpreting the act as a free pass for immigration officials to enter homes without warrants in order to search for suspected "alien enemies."
https://people.com/trump-alien-enemies-act-ice-raids-without-warrant-11700762

I think if you care about freedom and the power that governments have to deprive people of their freedoms throughout history, then this should be a bridge too far. Judicial oversight is an important backstop.
I am confused, did the illegal enter this country with some sort of legal documentation?
backintexas2013
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So liberals are back supporting private property rights? I love it. About time.
Rex Racer
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Since this law has existed for 200 years, nothing has changed.
txyaloo
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Rex Racer said:

Since this law has existed for 200 years, nothing has changed.
When's the last time you heard about federal law enforcement entering homes en mass without a warrant? I think the last time that happened was the round up of Japanese during WWII. As a society we've agreed that practice was wrong and this practice is just as wrong.

If LE has credible evidence an illegal is in a property, get a warrant. It should be easy.

If not, investigate more then get a warrant. I want every last illegal out of the country, but this isn't the way
Rex Racer
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txyaloo said:

Rex Racer said:

Since this law has existed for 200 years, nothing has changed.
When's the last time you heard about federal law enforcement entering homes en mass without a warrant? I think the last time that happened was the round up of Japanese during WWII. As a society we've agreed that practice was wrong and this practice is just as wrong.

If LE has credible evidence an illegal is in a property, get a warrant. It should be easy.

If not, investigate more then get a warrant. I want every last illegal out of the country, but this isn't the way
Has it happened now, or is this just a fearmongering headline?
We fixed the keg
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Nothing to like about any of this at the moment ... Not remotely interested in giving any LEO/government agent this kind of power, even when it is something I agree with. We have politicized 3 letter agencies doing all kinds of bad **** laughing at our rights and due process while they do it. Then we decide, "hey, let's get warrants and do this via secret courts. I mean, we have to have it to fight terror right?" Now we are saddled with FISA courts, biased judges, and bad actors submitting falsified warrants to go after their political opponents.

The only thing I can see is maybe to get warrants, near term, through non-liberal courts for now and wait to see if the Supreme Court gets off their asses and smacks these district courts back. Bet the farm to get larger majorities in the mid-terms, and then use the congressional majorities to clean up the courts.
rgvag11
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BMX Bandit said:

Picard said:

Illegals don't have any rights




Do people really believe this?

100+ stars so far

your brethren have spoken
Im Gipper
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rgvag11 said:

BMX Bandit said:

Picard said:

Illegals don't have any rights




Do people really believe this?

100+ stars so far

your brethren have spoken


His brethren may be ill informed, but it beats the hell out of your brethren thinking Judges run the executive branch and that assaulting Jews and burning down buildings is "free speech". LOL

I'm Gipper
 
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