Trump immigration lackey Tom Homan used faulty logic and lies to undermine the 4th Amendment of the Constitution, specifically when it comes to ICE agents breaking into private residences without a warrant from an actual judge.
Administrative warrants are generally used by ICE to make arrests, but “they do not by themselves authorize forceful entry into a private home under traditional Fourth Amendment law.”
This has been the structure used for years upon years, since immigration enforcement is a civil action.
Just because the DOJ issues a memo does not justify ICE acting like the SS. As the Brennan Center writes in DHS Warrantless Home Entry Memo’s Fourth Amendment Problem: New ICE directive goes against longstanding policy — and the Constitution.”
O’Keefe: What’s so wrong about obtaining a judicial warrant to enter private property?
HOMAN: That’s not what a federal law requires.
Congress themselves wrote the Immigration Nationality Act that gave power on the administrative warrant to arrest somebody, and that’s what’s set up in federal statutes.
So if Congress wants that changed, then Congress can legislate.
But right now, ICE is acting within the framework of federal statutes enacted by Congress and signed by a president.
Homan is just lying and trying to confuse viewers. Maybe he is confused too.
