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Are US Immigration Forms Search Warrants?
Transcript of the above video:
Wow, immigration issues are really flaring up in the US. It's having ramifications that are broad, and it is one of these situations where it's a real predicament. I think it's Chris Martenson, uses the term ‘predicament’ over at Peak Prosperity quite frequently and that's what we are in I think in terms of where America is at.
So let's recap as to where we are at. And let me be clear as to my own opinions on this. I was extremely overwrought, disturbed, watching the events that unfolded during the Biden Administration where our Southern Border was just wide open and it seemed like we were subject to literal invasion, and I made videos on the topic at the time including one talking about how General, then Lieutenant, George S Patton got into a gunfight with Poncho Villa on the Mexican Border, trying to elucidate my point that why don't we put the Army on the US Border; that's probably where they ought to be. They are there to defend the country; that's a good place to start. That being said, the point I'm trying to make, or was at the time, was that we were under invasion and that's a problem, obviously. That has largely, there has been a tourniquet if you will put on the border, largely through the efforts of the Trump Administration - primarily from what I am seeing from Mr. Tom Holman who has gone above and beyond in my opinion. I mean I've seen the stats now about interactions with folks along the border as well as border entries and things, and it's just plummeting. They've done a good job of closing up the border which then begs the question whether or not it's really a good job, or just doing the job, and the last Administration affirmatively did the opposite. In fact now that we are seeing things coming out, especially about former Homeland Security Secretary Mayorkas, as well as some of these so-called non-governmental organizations and things, literally flying people into the United States; it begs the question what exactly they were doing. Now it's my hope law enforcement etc. will take that under advisement in the future with regard to what was going on back then, but now we're dealing with the fallout.
So now the United States is dealing with the fact that they have got all these people that are in the country illegally and they have got to get them out of there. And I do understand the idea that they need to round up illegal immigrants, and again illegal alien and invader, where is the difference? I understand the legality of it and again legality counts here because our privileges and immunities and liberties as American citizens are now being attacked and if you will "they" sort of an amorphous "they", they're saying "oh well it's because we're going after these illegals that we are basically just trampling rights and liberties that are inherent to being in America." That's what I would say is being in the jurisdiction of America, there are certain rights that are just inherent on being in America. Once you sort of get there, yeah, they kind of attach by dint of being in the physical jurisdiction of one of the 50 States or the Federal Government as covered by the US Constitution and the Bill of Rights.
So the point I'm trying to make here is it's a sticky wicket. On the one hand, people that want to protect the national sovereignty of the United States are pretty livid about the fact that all these illegals came in and now they want them removed and I think Trump was elected largely along those lines. Close up the border, remove the people that came in illegally. The problem is in doing so, we're seeing law enforcement, especially in the form of ICE, Immigration and Customs Enforcement, really going over the top in some circumstances and now it seems like they are systemically not just ignoring but really contravening basic notions of Search and Seizure in the United States, specifically under the Fourth Amendment - the right against unwarranted searches and seizures of people's person, places and effects. And Jimmy Dore, tip of the hat to him. I became aware of Jimmy during COVID and actually, there was a time I think where his channel's numbers and my channel, this channel's numbers were somewhat in the same realm and then he obviously broke away and is a huge, big star, and hats off to him. I appreciate the fact that not only is he funny, brings up funny people, but he talks about topical issues that frankly nobody seemingly in the so-called mainstream media particularly seems interested in covering, and I would at this point call him one of the better journalists that's out there, at least in the United States. Jimmy brought this up and the thumbnail for this video has Jimmy in it, and again tip of the hat to you Jimmy; link in the description below to the original video because credit where credit is due. He does a good analysis of this but I'm going to quote from what we put into the thumbnail. Quoting directly: "Instructions for new ICE recruits are directed to teach that Form I-205 allows ICE agents to arrest aliens in their home" - and this is the key part - "without consent to enter the residence and without judicial warrant." I mean that is just fundamental stuff here with regard to our liberties as Americans. And by the way, those liberties are attached to any American citizen at the very least by dint of the 14th amendment, National Citizenship clause there, but also if you are born in the United States. And if you get into the sort of what some would now call the Antiquated Notions of US citizenship, your citizenship attaches to whatever State you were born in, and then that State's adherence to the Federal Union or National Union if you will, is what sort of indirectly gives you US Citizenship if you will. Again, two different ways of looking at it. The former way I was talking about through the 14th Amendment is the way in which Courts primarily look at this issue now.
But again, there are inherent liberties and rights in being an American citizen and there are ways and means of doing things in America that must comport with the Constitution, okay. And let's go ahead and put this up on screen, what this form 205 looks like. We will go ahead and put this on the screen. So:
Department of Homeland Security
U.S. Immigration and Customs Enforcement
Warrant of Removal/ Deportation
To any Immigration Officer of the United States, Department of Homeland Security’ and then it has got everything in there but is subject to removal/deportation.
Now a warrant of removal or deportation is not a search warrant and nor is it a standard arrest warrant, both of which have to be signed by a Judge, but this thing says well
an Immigration Judge in exclusion, deportation, or removal proceedings. Well understand first of all, Immigration Judges are not Article 3 Judges. They are judges under the Immigration Act, they are IJs. They are Immigration Judges; they have a component. They have a function purely within the realm of Immigration, but they don't issue warrants to allow folks to go searching people's houses nor to arrest for that matter. Furthermore,
“a designated official”. A designated official? What's that? Quoting further:
"the Board of Immigration Appeals,
a United States District or Magistrate Court Judge".
Now that fourth one, okay. If there's some sort of warrant that has got a search warrant function associated with it or an arrest warrant function associated with it, yeah, those kind of judges are able - depending again on the underlying circumstances - to issue warrants to that effect, but this I-205 form - that's 205 right - I-250, this isn't anything other than an Immigration Form. It's like saying, "oh because I have an I-130 form for a foreign spouse, I can now, I don't know start trafficking women over the border or something". I mean it's nonsensical okay. Yes, it's a removal order, it's a warrant of deportation or removal. That's one thing. It's a different thing to be going into people's homes without a warrant and detaining people without a warrant, without probable cause, articulable probable cause, beyond, "oh, we think somebody is in there that we may want to deport." And again, this is a really fine line issue, and I understand, there is a definite exigent need for the protection of the sovereignty of the United States that immigration and customs enforcement be carried out efficiently and effectively, I completely understand that, but it cannot be done at the expense of our basic liberties. And by the way, our liberties do not come from the Constitution, they are inherent to us as Americans if you want to look at it like that. If you talk to most of the founders they would have said, "well it's natural law. All men are created an equal, it's inherent to each of us as an individual person." But in our polity called the United States, we went ahead enshrined these, so it was unequivocally clear that the government did not have the power to abrogate this stuff. I just find it nonsensical that they are now running around saying that some Immigration Form somehow now acts in lieu of standard search warrants and arrest warrants duly signed by a Judge with authority to do so, primarily an Article 3 Judge if we're talking about this in the Federal context. If we are talking about it in the State context, whatever particular judicial mechanism they utilize at the state level, and so long as it comports with due process of law. ICE seems to be not only ignoring it but affirmatively disregarding it. It's like yeah, we get that that Constitution is there; who cares? We're just going to trample on it, tear it apart, whatever. Again hats off to Jimmy for bringing this up and again, I understand, there are a lot of mixed emotions about all of this, but we have to remember who we are I think at the end of the day, that we're the liberty people. And in balance between the problem and maintaining our liberty, maintaining our liberty should be the primary goal.
Now again, we have got this problem of having these illegal people in the United States, I get it, but this is not the way to deal with it because all we are going to see happen here is the corrosion of the rule of law and frankly, the dissolving of the system that has allowed us to maintain our rights and liberties to the effect that they have been able to be maintained some 250 years now; we could see the dissolution of that. This is really heavy stuff and I find it really not only disingenuous; I urge folks to watch Jimmy's clip because he goes into stuff where they are talking about how they are not letting people read this memo or keep it with them, they are having the folks that are being recruited, read it, then give it back, but it got leaked and now it's out there. I mean these are the tactics of the kind of Orwellian, Dystopian regimes, that first of all our grandparents all fought against, of whatever stripe, just totalitarianism generally, be it from the left with Communism, from the right with Fascism, whatever. This is what our forebearers fought and died and wrote screeds and screeds and screeds of scrolls and letters and pamphlets and books and things warning future generations against, because it is so pernicious.
So again, tip of the hat to Jimmy. I urge those who are watching this video, go watch his video, but yeah this is a real issue. And the whole notion that some Immigration Form somehow just abrogates the need for search warrants in and of itself is just nonsense to me.
