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OK, let’s talk about why ICE doesn't need an article III judicial warrant to detain someone for deportation. Yeah, you heard that right.
The outrage machine is already in overdrive after an illegal migrant working as a Nashville reporter—one who often criticized US immigration policies and enforcement!—was arrested for deportation, supposedly “without a warrant.”
Of course, Estefany Rodriguez-Flores WAS detained for deportation on a warrant, but it was an entirely appropriate Article II administrative warrant, rather than an Article III judicial warrant.
The anti-American, pro-migrant screamers need to relax and stop lying to the American people. Immigration law treats illegal presence as a civil violation, not a crime—unless you're talking re-entry after deportation, which is criminal, but that's the exception.
Congress set this up decades ago: 8 U.S.C. § 1226, § 1357 allow for immigration detentions without need of a judicial warrant. ICE officers get the power to arrest and detain aliens they have reason to believe are removable.
Oh, the pearl-clutching! "Administrative warrants aren't real warrants!" cry the lawyers in their safe spaces. True—they're not signed by a "neutral and detached magistrate." That's the point! Immigration isn't criminal prosecution; it's removal. The "warrant" is basically an internal green light saying, "Yeah, this guy's deportable—go get him." For folks with final removal orders? Even easier—I-205 says the immigration judge (who's executive branch, not Article III) already ruled. Due process? Check. They've had their day in immigration court.
Liberals act like this is some Trump-era power grab. Nah, it's been the law forever. Biden's ICE used the same tools—just slower and with more apologies. Now with mass deportations ramping up, suddenly it's "tyranny." Funny how the Constitution only matters when your side's losing.
Bottom line: Judicial warrants are for criminal stuff—searches, probable cause for felonies. Deportation detentions? Administrative all the way. It's efficient, it's legal, and it's exactly what keeps the system from grinding to a halt. If we required judges for every ICE pickup, we'd need a thousand more federal benches and a budget the size of Ukraine aid. No thanks.
In other news, I’ll also cover the insane decision out of the DC Court of Appeals affirming a lower court’s preliminary injunction that strips out the word “Temporary” from “Temporary Protected Status,” and forces Trump to keep hundreds of thousands of Haitian barbarians in our nation, as unelected federal judges prove once again that they have zero respect for our Constitution’s separation of powers.
Join me LIVE right after the open-access show.
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Episode #M 1242.
NOTE: We mostly ended up covering Bessent's recent speech last week at the Reagan Library.
Yesterday the great and powerful Treasury Secretary Scott Bessent absolutely WRECKED House Democrats during a hearing of the House Ways & Means Committee.
And that was only day after he had done the same to Senate Democrats in a hearing of the Senate Finance committee.
What is best in life, Bessent the Barbarian? To crush your Democrats, see them driven before you, and hear the lamentations of their gender confused!
Trump just shared with America all the winning his administration has already secured for the nation, as well as all the winning coming down the road.
Yesterday was Trump’s 12th publicly aired cabinet meeting, all in his first 14 months in office. This contrasts sharpy with a mere three that Biden held in the same time frame of his administration.
Join me as I break down the second half of this lengthy cabinet meeting and celebrate all the winning.
Trump just shared with America all the winning his administration has already secured for the nation, as well as all the winning coming down the road.
Yesterday was Trump’s 12th publicly aired cabinet meeting, all in his first 14 months in office. This contrasts sharpy with a mere three that Biden held in the same time frame of his administration.
Join me as I break down the first half of this lengthy cabinet meeting and celebrate all the winning (second half will be covered in tomorrow’s members only show.)
Join me LIVE right after the open-access show as I break it all down.
All @TheBrancaShow mugs! https://tinyurl.com/k778wj2k
Today’s LIVE show with Attorney Andrew Branca of Law of Self Defense will focus on a case out of Wyoming that is a great case example of why representing yourself as your own attorney is a bad idea–and also why a superficial understanding of the law can be an extremely dangerous thing.
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Remember
You carry a gun so you’re hard to kill.
Know the law so you’re hard to convict.
Stay safe!
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
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This live show covers the Burlington Coat Factory police shooting in North Hollywood CA that occurred this past Thursday, and accidentally killed a 14-year-old girl, as well, the just published interview of one of the Kim Potter jurors.
LAW OF SELF DEFENSE ADVANCED Class
January 8, 2022
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FREE 5-ELEMENTS INFOGRAPHIC: Totally free infographic explaining the 5-elements of any claim of self-defense, if you don't understand these 5-elements you cannot have any idea what lawful self-defense consists of, PDF download, zero cost: ...
