Lori Hoetger
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profloriann.bsky.social
Lori Hoetger
@profloriann.bsky.social
1.2K followers 1.1K following 83 posts
Asst. Prof @ UNL Law, JD/PhD in psych. I like crim law/pro, law & psych, and legal decision-making. Mom of 3, PD in my heart.
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profloriann.bsky.social
Plenty of 4A opinions have the "the touchstone of the 4A is reasonableness" language but many also say a warrantless search is presumptively invalid & 4A protection is greatest at the entry to the home. Just mentioning reasonableness without the other points wouldn't get a passing grade in my class
January 25, 2026 at 11:57 PM
Reposted by Lori Hoetger
reichlinmelnick.bsky.social
ICE secretly told its officers that any time someone has been ordered removed, ICE can break down their door.

It has been accepted for generations that the only thing which can authorize agents to break into your home is a warrant signed by a judge. No wonder ICE hid this memo!
May 12, 2025 MEMORANDUM FOR: All ICE Personnel FROM: Todd Lyons Acting Director SUBJECT: Utilizing Form I-205, Warrant of Removal On January 20, 2025, President Donald J. Trump issued Executive Order 14159, Protecting the American People Against Invasion, directing the Secretary of Homeland Security to "ensur[e] the successful enforcement of final orders of removal." 90 Fed. Reg. 8443, 8444 (Jan. 20, 2025) (E.O. 14159). Essential to the removal of aliens subject to final orders of removal is the ability to locate and arrest them. To this end, certain supervisory immigration officers within both Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) are authorized to issue an administrative warrant, Form I-205, Warrant of Removal (Form 1-205), for the arrest of an alien with a final order of removal. 8 C.F.R. § 241.2(a)(1). All U.S. Immigration and Customs Enforcement (ICE) special agents and deportation officers are authorized to execute Forms 1-205. 8 C.F.R. § 287.5(e)(3)(iii) - (y) Although the U.S. Department of Homeland Security (DHS) has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose. Accordingly, in light of this legal determination, ICE immigration officers may arrest and detain aliens subject to a final under of removal issued by an immigration judge, the Board of Immigration Appeals (BIA), or a U.S. Arrow) district court judge or magistrate judge in their place of residence.23 ICE immigration officers should consider all available enforcement mechanisms, including the use of a Form 1-205 to arrest an alien in their place of residence, to achieve the requirements of E.O. 14159 in accordance with applicable law and policies. This guidance informs the use of Forms 1-205 and provides to ICE law enforcement personnel a reminder of the general limitations and exceptions that may apply when effectuating arrests in an alien's residence. General Guidelines ICE law enforcement officers receive extensive training on the legal and procedural requirements for making administrative and criminal arrests. ICE personnel must remain cognizant of all existing laws and policies pertaining to arrests when carrying out civil immigration enforcement actions. Prior to entering a residence to conduct an administrative immigration arrest pursuant to Form I-205, officers and agents must ensure the Form 1-205 is properly completed and is supported by a final order of removal issued by an immigration judge, the BIA, a U.S. district court, or a magistrate judge. This is essential because that order establishes probable cause. Officers and agents must also have reason to believe that the subject alien resides at and is currently located in the address where the Form I-205 is to be served.
January 21, 2026 at 10:09 PM
Reposted by Lori Hoetger
coreyryung.bsky.social
Thanks to @benblumoehr.bsky.social and @reichlinmelnick.bsky.social, here is the memo. At least based on this portion, ICE isn't engaged in anything resembling legal analysis. It's just declaring its conclusion that is contrary to SCOTUS precedent. bsky.app/profile/reic...
reichlinmelnick.bsky.social Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 14d
ICE secretly told its officers that any time someone has been ordered removed, ICE can break down their door.

It has been accepted for generations that the only thing which can authorize agents to break into your home is a warrant signed by a judge. No wonder ICE hid this memo!
May 12, 2025 MEMORANDUM FOR: All ICE Personnel FROM: Todd Lyons Acting Director SUBJECT: Utilizing Form I-205, Warrant of Removal On January 20, 2025, President Donald J. Trump issued Executive Order 14159, Protecting the American People Against Invasion, directing the Secretary of Homeland Security to "ensur[e] the successful enforcement of final orders of removal." 90 Fed. Reg. 8443, 8444 (Jan. 20, 2025) (E.O. 14159). Essential to the removal of aliens subject to final orders of removal is the ability to locate and arrest them. To this end, certain supervisory immigration officers within both Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) are authorized to issue an administrative warrant, Form I-205, Warrant of Removal (Form 1-205), for the arrest of an alien with a final order of removal. 8 C.F.R. § 241.2(a)(1). All U.S. Immigration and Customs Enforcement (ICE) special agents and deportation officers are authorized to execute Forms 1-205. 8 C.F.R. § 287.5(e)(3)(iii) - (y) Although the U.S. Department of Homeland Security (DHS) has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose. Accordingly, in light of this legal determination, ICE immigration officers may arrest and detain aliens subject to a final under of removal issued by an immigration judge, the Board of Immigration Appeals (BIA), or a U.S. Arrow) district court judge or magistrate judge in their place of residence.23 ICE immigration officers should consider all available enforcement mechanisms, including the use of a Form 1-205 to arrest an alien in their place of residence, to achieve the requirements of E.O. 14159 in accordance with applicable law and policies. This guidance informs the use of Forms 1-205 and provides to ICE law enforcement personnel a reminder of the general limitations and exceptions that may apply when effectuating arrests in an alien's residence. General Guidelines ICE law enforcement officers receive extensive training on the legal and procedural requirements for making administrative and criminal arrests. ICE personnel must remain cognizant of all existing laws and policies pertaining to arrests when carrying out civil immigration enforcement actions. Prior to entering a residence to conduct an administrative immigration arrest pursuant to Form I-205, officers and agents must ensure the Form 1-205 is properly completed and is supported by a final order of removal issued by an immigration judge, the BIA, a U.S. district court, or a magistrate judge. This is essential because that order establishes probable cause. Officers and agents must also have reason to believe that the subject alien resides at and is currently located in the address where the Form I-205 is to be served.
January 21, 2026 at 10:23 PM
profloriann.bsky.social
The state I practiced in did not allow Anders-style briefs. I only practiced for 5 years, but I was *always* able to find some error I felt I could ethically raise. It might just have been sufficiency of evidence or excessive sentence, & I knew it would almost certainly lose, but I found something.
October 17, 2025 at 3:59 PM