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re: AP: memo authorizes ICE to enter homes by force without a judicial warrant
Posted on 1/22/26 at 11:21 am to SlowFlowPro
Posted on 1/22/26 at 11:21 am to SlowFlowPro
quote:
Remember last week when a lawyer defending his criminal client was proof that the lawyer was engaged in a criminal conspiracy?
I dont remember this, but I suspect its about as honest as your framing of "hur during, its not breaking the law to remain on your own property".
2
Posted on 1/22/26 at 11:23 am to Azkiger
quote:
We're talking about illegal immigrants, not US citizens.
Makes no difference in the analysis.
The 4th Amendment is a restriction on the state. The underlying persons affected by violating those restrictions are irrelevant.
Posted on 1/22/26 at 11:23 am to Azkiger
quote:
but I suspect its about as honest as your framing of "hur during, its not breaking the law to remain on your own property".
It was as honest as arguing illegal immigrants don't have rights, actually.
Posted on 1/22/26 at 11:23 am to SlowFlowPro
quote:
The "out-group", in the actual discussion, is leftists/Democrats.
So you think the reason I dont want open borders is because I fear democrats?
Posted on 1/22/26 at 11:24 am to Azkiger
quote:
Different game.
We're talking about illegal immigrants, not US citizens.
It doesn't make a difference for my argument, but I'll play along.
Could we torture illegal immigrants that are detained here? If the 4th doesn't apply then the 8th certainly doesn't. Would it be within a judge's legal authority to sentence them to fight to the death as punishment for their crimes? What about the 5th amendment? If they're found not guilty of something can we just charge them over and over until we get a conviction since double jeopardy doesn't apply?
Posted on 1/22/26 at 11:24 am to SlowFlowPro
quote:
It was as honest as arguing illegal immigrants don't have rights, actually.
Bzzzzt. Not the argument.
Posted on 1/22/26 at 11:25 am to Azkiger
quote:
So you think the reason I dont want open borders is because I fear democrats?
Oh man.
Posted on 1/22/26 at 11:26 am to SlowFlowPro
quote:
Makes no difference in the analysis.
You can muddy the water all you want.
But the population isn’t going to stand for ZERO process for letting tens of illegal immigrants into this country and then be expected to follow EVERY process (to the point to where its virtually impossible to deport any meaningful amount of illegals our of this country) to deport said illegals.
Posted on 1/22/26 at 11:27 am to Azkiger
quote:
I dont remember this, but I suspect its about as honest as your framing of "hur during, its not breaking the law to remain on your own property".
Someone was arguing in a thread about immigration law that lawyers shouldn't represent people charged with illegal entry because they're criminals
Posted on 1/22/26 at 11:36 am to SlowFlowPro
I learned a long time ago to, keep your gates locked and make them work for it.
Posted on 1/22/26 at 11:39 am to AUstar
quote:
SCOTUS has ruled as far back as the 1800's that constitutional protections are afforded to people who aren't citizens.
The USSC has missed on some very HUGE issues in the past. This is just another one. Birthright citizenship, also
1) Roe
2) Separate but equal
3) Obamacare forced
4) Chevron
5) Kelso
6) Citizens United
7) Forced union dues, Janus v. American Federation
Posted on 1/22/26 at 11:46 am to Ingeniero
quote:
Could we torture illegal immigrants that are detained here? If the 4th doesn't apply then the 8th certainly doesn't. Would it be within a judge's legal authority to sentence them to fight to the death as punishment for their crimes? What about the 5th amendment? If they're found not guilty of something can we just charge them over and over until we get a conviction since double jeopardy doesn't apply?
Still a different game.
We're sending them back to their native country, not trying to replicate the Spanish Inquisition.
Posted on 1/22/26 at 12:23 pm to Ingeniero
quote:
8th certainly doesn't.
I actually find the case law and discussion over deportation being civil and not criminal in order to avoid 8th Amendment challenges to be pretty interesting. It's also a scary wild card if an administration of either side tried to use that distinction for nefarious purposes.
Posted on 1/22/26 at 12:27 pm to Ingeniero
quote:
Could we torture illegal immigrants that are detained here? If the 4th doesn't apply then the 8th certainly doesn't.
Different verbiage
The 4th CLEARLY defines that amendment applies "to the people". Which is defined in the first sentence of the US Constitution as "of the United States"
The 8th has no such wording
quote:
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
You should apply the 8th to anyone that interacts with American law enforcement: Visitors, illegals, diplomats
Posted on 1/23/26 at 10:08 am to Turbeauxdog
After reading this, I think I understand better the point you are making.
Can ICE Enter a Home With Only An Administrative Warrant?
Can ICE Enter a Home With Only An Administrative Warrant?
Posted on 1/23/26 at 10:13 am to Ingeniero
quote:As if you needed more proof that Trump doesn't believe in the Constitution.
memo authorizes ICE to enter homes by force without a judicial warrant
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