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.
An administrative warrant is not an "all you can eat buffet" for ICE to do whatever they want.
The only reasons ICE agents are kicking in doors and invading private residences is to meet Stephen Miller's despicable deportation quotas while terrorizing US citizens in the process.
A compliant DOJ and Republican controlled Congress stand by idly, ignoring their oath to the U.S. Constitution.
O'Keefe: Well, as I recall, you have previously said that you thought judicial warrants were necessary for searches.
There's been this change in policy in that now ICE can go with these administrative warrants that are issued by ICE personnel.
Why your change of heart? I mean, clearly there, at one point at least, you agreed that was necessary.
HOMAN: No, I don't have a change of heart. What I understand, and I wasn't part of the discussion, is that DOJ interpreted that law saying, in certain circumstances, an administrative warrant on somebody that has a final order removal already had a due process issued by a federal judge, they can enter premises.
I'm not a part of that discussion, but that's the DOJ guidance.
WTF?
"Kavanaugh Stops" are being used to justify any measure ICE takes that are unconstitutional and violent.
Homan couched his words carefully by saying the DOJ interpreted the law "in certain circumstances." That's utter bullshit.
In Minnesota, ICE went from house to house, banging on doors - asking people if they had immigrants living there. Then without warrants they began kicking doors in and trying to arrest people.
That's not "under certain circumstances." That's under all conditions for Trump.
If Trump thinks he can put lipstick on his pig of an immigration policy with Tom "General Zod" Homan, he is sadly mistaken.
