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- #81
The argument fails because it conflates custody authority with home-entry authority. A Final Order of Removal and ICE administrative warrant authorize detention, not entry into a residence. Camara does not say internal executive adjudication substitutes for a judicial warrant; it explicitly requires neutral judicial authorization before entering a home once consent is refused.No one has ever argued it does.
The administrative warrant is a warrant. What Camara is saying that is that it can't be the administrative person in the field that makes the reasonableness determination. In the ICE cases, they are acting on a Final Order of Removal from an Immigration Judge. The "reasonable" standard of the 4th amendment has been met.
Under Payton v. New York (1980), even criminal arrest warrants signed by judges do not authorize home entry without separate judicial approval. Allowing ICE to enter homes based on executive-branch warrants would collapse the Fourth Amendment’s core safeguard: independent judicial review before the government crosses the threshold of a private residence.
I cant believe you are arguing cops can come inside your house without a judge signing a search warrant.