The ruling in federal court in Minnesota lands as Immigration and Customs Enforcement faces scrutiny over an internal memo claiming judge-signed warrants aren’t needed to enter homes without consent.

A federal judge in Minnesota ruled last Saturday that Immigration and Customs Enforcement (ICE) agents violated the Fourth Amendment after they forcibly entered a Minnesota man’s home without a judicial warrant.

The conduct of the agents closely mirrors a previously undisclosed ICE directive that claims agents are permitted to enter people’s homes using an administrative warrant, rather than a warrant signed by a judge.

The ruling, issued by US District Court judge Jeffrey Bryan in response to a petition for a writ of habeas corpus on January 17, did not assess the legality of ICE’s internal guidance itself. But it squarely holds that federal agents violated the United States Constitution when they entered a residence without consent and without a judge-signed warrant—the same conditions ICE leadership has privately told officers is sufficient for home arrests, according to a complaint filed by Whistleblower Aid, a nonprofit legal group representing whistleblowers from the public and private sector.

  • FauxLiving@lemmy.world
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    21 hours ago

    It’s perfectly understandable to be angry and to want to see something done.

    It is not understandable to think that, just because there is anger and frustration that we can ignore the rules, laws and principals of the country that we claim to want to keep.

    If someone thinks that people should be shooting ICE officers in the street then they are an agent of chaos, not a supporter of the United States.

    This doesn’t change because there are fascists in office. If you don’t want fascists in office then vote people into congress in the midterms that can impeach and remove them because that is how our system works. The people pushing FUD and violence want people to think that this is impossible, that the only choices are that we should just give up, comply in advance or start killing people.

    It’s bullshit, it’s a pushed message that is amplified by people who have no context to understand the decisions that they’re promoting.

    There is no world where abandoning democracy and our system of government to engage in an orgy of violence is the correct path. Anyone who thinks otherwise is not on our team.

    • sfgifz@lemmy.world
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      11 hours ago

      This is exactly how you lose everything. Trying to upload rules that only you believe in.

    • Soup@lemmy.world
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      13 hours ago

      But that’s exactly it, isn’t it? People can, and should, elect better people into power and they shouldn’t exactly resort to violence. That said, the fact that I’m not hearing about ICE vehicles(without occupants) being lit the fuck on fire is kinda sad. And you talk about the law but it’s like I said, Minnesota’s supposed to be fairly decent, apparently, and yet the best they can do is throw a frowny fave at ICE. The law is fully on their side, they don’t need to change any laws to give themselves permission to start arresting ICE agents for all the illegal stuff they’re doing, they just refuse to do it.

      So when is the right time? Or will you, like I’ve already said, just hide away lying to yourself that the laws will actually help despite overwhelming evidence? Where’s the line in the sand?

      • FauxLiving@lemmy.world
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        12 hours ago

        The first day that they disrupt elections or refuse to leave office after losing an election, that’s the red line where they are clearly and blatantly outside of the bounds of constitution are an enemy of the state illegally occupying an office and can be removed by force.

        You can’t believe in democracy and also want to throw it away as anything but an absolute last resort. Give the system every chance to work so you will be completely morally justified in what comes after.

        • Soup@lemmy.world
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          2 hours ago

          So what was January 6th to you? It’s like someone missed killing someone else and your response to just tell them you got your eyes on them and will totally bring the hammer down after they finally succeed in killing someone.

          Maybe it’s just the US’s belief that what they have is normal and cool, but even what is considered normal there is insanity in many other places. The system has had so many chances, and yes I still agree that it does not need to be completely obliterated, but at some point you cannot sit there waiting for the worst outcome before acting. The country has been utterly desensitized to incredibly heinous acts, to the point where they see ICE murdering people in the streets and that’s still not too far for many of them.

          For examle: 99% of what Fox News says is straight-up lies, libel, fraud, bullying, incitement to violence, and good ol’ fashioned hate-speech. It’s not throwing out the legal system and trampling on their free-speech to want to see the entire organization persecuted for the damage they’ve caused.

          • FauxLiving@lemmy.world
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            39 minutes ago

            So what was January 6th to you? It’s like someone missed killing someone else and your response to just tell them you got your eyes on them and will totally bring the hammer down after they finally succeed in killing someone.

            They failed and we sent thousands of people involved in the conspiracy to prison. Elsewhere the systems of elections and government withstood every attempt the Trump administration to change things. The systems worked.

            You’re promoting the idea that those system are going to fail and therefore we should not even try and, instead we should <vague plan, but violence>.

            There is no evidence of that outside of the incessant fear mongering on social media that you are taking part in.

            The Judicial system has restrained Trump time and time again and the only reason there are not more widespread rulings is because the only entity with standing to sue the administration (the Legislative branch) is being held paralyzed by a very tiny group of people in Congress and those people are up for re-election.

            Those people can be voted out and Congress has both the standing to sue and compel the Executive branch via court orders and the ability to impeach and remove Executive or Judicial branch members.

            Let’s hear your plan, take me through the steps of how you see this issue solved in a way that is more sure than the system that we’ve used for centuries.