Democrats Continue To Demand Unprecedented Judicial Warrants For Deporting More Than 11 Million Illegal Aliens
Now that every government department is funded through Sept. 30 — except for the Department of Homeland Security (DHS) — House and Senate Democrats are once again reupping their demands that there be judicial warrants for deporting illegal aliens the department has estimated total more than 11 million as recently as 2022. The apparent goal is to hand over immigration enforcement from agencies including Immigrations and Custom Enforcement (ICE) off to activist judges who would love nothing more than to bottle every single deportation case in federal district courts. In sanctuary jurisdictions where Democrats dominate, deporting any illegal aliens would become next to impossible. Non-existent were these demands in the previous government shutdown last fall when Democrats were instead demanding to extend post-Covid expanded Affordable Care Act tax credits for almost 23 million Americans. Instead, the demands come on the heels of the department’s expanded operations in Minnesota after it was revealed there were billions of dollars of fraud by child care services, leading in part to a surge of immigration enforcement efforts. In the process, teams of protesters began obstructing and assaulting officers, leading to the shooting deaths of Renee Good and Alex Pretti by officers. It is unclear how a deportation warrant requirement would have saved the lives of Good and Pretti, who were U.S. citizens not at all subject to being deported, although they appear to have been breaking other laws like 18 U.S. Code Sec. 111, “Assaulting, resisting, or impeding certain officers or employees”. That’s another one where you don’t need a warrant, if somebody is punching or driving at a federal officer, they can just arrest you on the spot for the assault — or defend themselves.
Video: Homan And Team Trump Restoring Law And Order! The Results Show It!
Border Czar Tom Homan is explaining his role in Minnesota. All while crime is down, the border is closed and travel bans are back in place. Hear about the investigation into fraud in Minnesota, President Donald Trump’s travel bans from third-world countries as well as a new policy idea from a Texas lawmaker.
Democrats Continue To Demand Unprecedented Judicial Warrants For Deporting More Than 11 Million Illegal Aliens
Now that every government department is funded through Sept. 30 — except for the Department of Homeland Security (DHS) — House and Senate Democrats are once again reupping their demands that there be judicial warrants for deporting illegal aliens the department has estimated total more than 11 million as recently as 2022.
The apparent goal is to hand over immigration enforcement from agencies including Immigrations and Custom Enforcement (ICE) off to activist judges who would love nothing more than to bottle every single deportation case in federal district courts. In sanctuary jurisdictions where Democrats dominate, deporting any illegal aliens would become next to impossible.
Non-existent were these demands in the previous government shutdown last fall when Democrats were instead demanding to remove prohibitions on illegal aliens getting Medicaid coverage and to extend post-Covid expanded Affordable Care Act tax credits for almost 23 million Americans.
Instead, the demands come on the heels of the department’s expanded operations in Minnesota after it was revealed there were billions of dollars of fraud by child care services, leading in part to a surge of immigration enforcement efforts. In the process, teams of protesters began obstructing and assaulting officers, leading to the shooting deaths of Renee Good and Alex Pretti by officers.
It is unclear how a deportation warrant requirement would have saved the lives of Good and Pretti, who were U.S. citizens not at all subject to being deported, although they appear to have been breaking other laws like 18 U.S. Code Sec. 111, “Assaulting, resisting, or impeding certain officers or employees”. That’s another one where you don’t need a warrant, if somebody is punching or driving at a federal officer, they can just arrest you on the spot for the assault — or defend themselves.
If anything, the tragic Good and Pretti deaths might be a good case for banning sanctuary states and cities who seek to obstruct immigration enforcement, instead mandating state and local cooperation with federal immigration enforcement efforts and thereby further barring anybody from interfering with those operations.
It could also be cause for mandatory body cameras for officers and reviewing use of force standards by federal officers, but those constitutionally would still need to allow officers to defend themselves from assault, just as it would protect any civilian, ultimately just codifying what the Supreme Court has already found.
At issue is 8 U.S. Code Sec. 1357(a)(1) and (2) where that outlines “Powers Without Warrant” by immigration enforcement officials to arrest illegal aliens: “Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant— to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States; … to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States…”
And 8 U.S. Code 1226 that provides for administrative warrants by immigration enforcement operations that the agency issues itself.
These are similar to the standard under the 1952 Immigration and Nationality Act, which amendments in 1996 and 2003 updated. The original standard had the administrative warrants ultimately issuing from the Attorney General although they could later be challenged in federal court on a limited basis to a simple habeas corpus hearing. Today, aliens can also apply for a habeas corpus review under 28 U.S. Code. Sec. 2241 on a limited basis. Similarly, the Chinese Exclusion Act of 1882 provided for a deportation proceeding in court, but also without a pre-hearing judicial warrant.
In other words, never before in U.S. history was there ever an a priori judicial warrant requirement for deportations. That said deportations have generally always been subjected to judicial review — and still are today.
In recent enforcement efforts, approximately 22 individuals were wrongly detained who later it was determined were U.S. citizens, and then released during the normal course of immigration proceedings.
That was 22 out of some 675,000 deportations reported by the department in 2025 alone — a 0.003 percent error rate. So far as we know, that means 99.996 percent of the deportations were for unlawful aliens. None of them were ultimately deported, and existing judicial proceedings were adequate to determine citizenship and/or proper residence.
But forget that, say Congressional Democrats, we need to have 675,000 probable cause hearings for every single illegal alien prior to their apprehension. It is unprecedented.
The only reason to do it is so U.S. district court activist judges can simply say no to deportations and render immigration laws unenforceable, using their lifetime appointments as a shield. It would be judicial nullification of immigration laws writ large. GOP Congressional leaders should just say no. There will be another partial shutdown, more hemming and hawing, and then it will end without any real concessions — just like all the other recent government shutdowns. In the meantime, President Donald Trump will continue enforcing the laws including immigration laws — as he should.
Robert Romano is the Executive Director of Americans for Limited Government.
To view online: https://dailytorch.com/2026/02/democrats-continue-to-demand-unprecedented-judicial-warrants-for-deporting-more-than-11-million-illegal-aliens/
Video: Homan And Team Trump Restoring Law And Order! The Results Show It!
To view online: https://www.youtube.com/watch?v=O4JSu2fLEEs
