DHS issues writs for ICE but since there is no court hearing these cases, there is no warrant that ICE can obtain. The DOJ has said there is no warrant required…which is spurious as that goes against the 4th amendment. ICE will call a writ a warrant, and often journalists will write what they’re told. See these articles regarding a different arrest below
There is not a court that ICE has access to that will issue a valid warrant. This is why the DOJ just said it doesn’t matter if there is a warrant or not. ICE is flagrantly defying the 4th amendment. That other case, ICE can be heard in a recording telling Mahmoud’s wife that they have a warrant. Now they say that they never had/needed one in the first place.
The issue is that ICE cannot legally get a warrant for the people they are choosing to detain as they focus on families. The “dangerous criminals” that have real warrants, those are usually served/executed by the FBI, Marshalls, or local SWAT. I don’t know if you live in the US like I do, but this is a pretty serious issue as again, these writs are not warrants, ICE does not have access to a warrant as that’s not how our courts are set up nor is it how their department was set up.
Both of the resources I listed at the top of my response explain this in depth. The last link I shared was for context.
https://www.employmentlawletter.com/2025/01/what-organizations-should-know-about-ice-enforcement-actions/
https://www.ilrc.org/sites/default/files/resources/ice_warrants_summary.pdf
DHS issues writs for ICE but since there is no court hearing these cases, there is no warrant that ICE can obtain. The DOJ has said there is no warrant required…which is spurious as that goes against the 4th amendment. ICE will call a writ a warrant, and often journalists will write what they’re told. See these articles regarding a different arrest below
https://duckduckgo.com/?q=ice+mahmoud&t=fpas&ia=web
That doesn’t say anything about this case. Given it wasn’t just ICE involved, it’s possible that a judicial warrant was obtained.
There is not a court that ICE has access to that will issue a valid warrant. This is why the DOJ just said it doesn’t matter if there is a warrant or not. ICE is flagrantly defying the 4th amendment. That other case, ICE can be heard in a recording telling Mahmoud’s wife that they have a warrant. Now they say that they never had/needed one in the first place.
The issue is that ICE cannot legally get a warrant for the people they are choosing to detain as they focus on families. The “dangerous criminals” that have real warrants, those are usually served/executed by the FBI, Marshalls, or local SWAT. I don’t know if you live in the US like I do, but this is a pretty serious issue as again, these writs are not warrants, ICE does not have access to a warrant as that’s not how our courts are set up nor is it how their department was set up.
Both of the resources I listed at the top of my response explain this in depth. The last link I shared was for context.