Anonymous OP 2w

It’s hard to tell because DHS’ memo doesn’t actually state the legal basis for their decision. What they’re rolling back is their own policy and guidelines. It looks like court cases about this are mixed. Thus, this is probably going to get sued over. Already, districts in CA and MN have ruled that this isn’t allowed, but a district in TX has ruled that it’s ok. https://www.lawfaremedia.org/article/can-ice-enter-a-home-to-make-an-arrest-with-only-an-administrative-warrant

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Anonymous #3 2w

The relevant cases are: - Abel (1960), SCOTUS did not want to consider whether admin warrant was sufficient - Coolidge and Shadwick (1971 and 1972), SCOTUS said “issuing magistrate must be neutral and detached” - Malagerio (2021), NDTX basically said Abel might support using admin warrants, and defendant didn’t argue otherwise. 5th circuit affirmed but didn’t rule on the admin warrants

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Anonymous #3 2w

- Payton (1980), SCOTUS says “judicial officer” needs to go between “zealous officer and the citizen” - Kidd (2024), CDCA cites Payton and says admin warrant is insufficient

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