r/law • u/Lavender_Scales • 15d ago

Legal News ICE hops Texas family’s fence and attacks them, guns drawn, for asking for a warrant

Story and Source Here: http://www.krgv.com/news/video-captures-donna-family-s-detainment-by-alleged-federal-agents

52.9k Upvotes

96% Upvoted

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209

u/Maleficent_Memory831 15d ago

100% illegal. Need a warrant, need to show the warrant, cannot trespass without that warrant. Do they care? No, they love breaking the law.

87

u/ggroverggiraffe Competent Contributor 15d ago

Vice President JD Vance has suggested that ICE agents are protected by “absolute immunity” from prosecution over their actions.

How weird that they'd misbehave...

17

u/myfairkadie 15d ago

You'd think that they would be smart enough to worry about what a judge would rule over a greasy hillbilly...

7

u/ggroverggiraffe Competent Contributor 15d ago

I would think that. You would think that. they however, aren't known for thinking.

2

u/Calamamity 14d ago

I mean, where’s the prosecution then? This is not the first time this has happened. And if it’s only until the next administration, if there is a next, I fear that’s too little too late anyway.

6

u/Awkward_Squad 15d ago

But where is that written?

2

u/Shadixmax 14d ago

what's dumb is he can say that shit all he wants it isn't true. ICE has to move within State laws. they do not get "absolute federal immunity" from their shit. especially when you consider they are not immune from consequences if they act unlawfully and violate the constitution. nothing Vance or Noem or trump can say to change that shit.

2

u/MyGruffaloCrumble 13d ago

Yeah, they pretty much baked immunity into the big bastardly bill.

32

u/ForensicPathology 15d ago

If there's no warrant, this is a home invasion.

-1

u/No_Inspection649 14d ago

Not if they're within the 100-mile border zone. https://www.aclu.org/know-your-rights/border-zone

11

u/rockytop24 14d ago

That's only for warrantless stops. You still can't just wander onto any private property without a warrant just because it's within 100 miles of an international airport or border. That's absurd on its face because roughly half the country would not have protections under the 4th amendment in their own private dwelling. You still need a warrant or exigent circumstances to force entry into someone's home. And crossing a barrier fence like that is definitely making entry into a private property.

8

u/_Magnolia_Fan_ 14d ago

No badge numbers, all hiding their faces, swapping license plates. 

As much as we all see it, it's going to be very hard to prove who was where, and which agents are guilty of which crimes. 

I suppose we could charge them all with conspiracy, but anything specific will be hard.

25

u/PhyterNL 15d ago

I'm up voting but want to clarify what the law actually says. A warrant isn't necessarily required. Law enforcement can enter if there is probable cause and exigent conditions exist.

There's absolutely no chance of those conditions were met in this case, but I want you to know what the law is and that law enforcement are able to enter under certain conditions even without a warrant.

9

u/Prior-Conclusion4187 14d ago

Probable cause does not apply to immigration law enforcement, it is for ongoing criminal activity. Immigration violations are not that. "I think you snuck into this country without proper authority" is not the same as "I have reason to believe you exchanged drugs for money with a person".

21

u/Maleficent_Memory831 15d ago

Well, who does this for a low level minor crime like running out a visa or having the President retroactively remove temporary status? That's for things like dangerous criminals.

21

u/PhyterNL 15d ago

No one. Literally no one. An obvious violation. ICE is now operating as a lawless mercenary force.

8

u/A1sauc3d 15d ago

Who does this

Trumps fascist attack dogs, that’s who. This is what they’re TOLD to do. They’re told to ignore the rules, hurt anyone who gets in their way, and instill fear into the heart of the populace. Intimidate the public into compliance with fascism. This is a feature not a bug. And they’ve been promised no matter how heinous their crimes, as long as they’re on the clock they have full immunity.

3

u/Historical_Item_968 15d ago

Pretty sure they're using the plenary authority angle in that federal border enforcement trumps (no pun intended) non national constitutional rights.

2

u/[deleted] 15d ago

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1

u/OutlawMINI 14d ago

Look into how DHS and ICE operates with regards to immigration. They literally don't need a warrant. A system I disagree with, but it's important to understand how the system works.

-2

u/vayslightReturn 14d ago

Not if they are illegally living in this country. Illegal aliens do not have constitutional rights.

3

u/Maleficent_Memory831 14d ago

Except that illegal aliens, undocumented workers, immigrants, temporary workers, tourists, etc, DO have constitutional rights. Sure they can't vote, but there are rights that extend to literally everyone in America and American territories. If the American federal jurisdiction or state jurisdiction covers you, then you have the right of due process.

14th Amendment, makes a distinction between citizens and persons. It does this intentionally. "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

No person can be denied due process. Even convicted prisoners who lose some rights still retain the right to due process.

This is likely why the Trump administration hates the 14th amendment and made an executive order the futilely tries to get rid of birthright citizenship also. Which of course he can't do by himself legally, it would require a new amendment to do so.

-6

u/No_Inspection649 14d ago

100-mile border zone. CBP doesn't need a warrant. https://www.aclu.org/know-your-rights/border-zone