Advisory Opinions Analyzing ICE Shootings
52 snips
Jan 27, 2026 
Orin Kerr, Stanford Law professor and Fourth Amendment specialist, explains judicial versus administrative warrants and the limits on remedies against ICE. He weighs Payton v. New York, circuit splits, and why suppression or Bivens claims often fail. They also debate prospects for injunctions and preview the Supreme Court’s geofencing case and its privacy implications.
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Supremacy-Clause Immunity Is Broad
- Federal officers enjoy broad supremacy-clause immunity for on-duty acts.
- Poor performance on duty usually remains within official duties and is thus often immune from civil suit.
Prefer Judicial Warrants For Home Arrests
- Judicial warrants come from a neutral magistrate and require probable cause.
- Administrative warrants are internal executive orders and do not substitute for a judicial check under the Fourth Amendment.
Fourth Amendment Remedies Often Fall Short
- Remedies for Fourth Amendment violations by federal agents are limited.
- Exclusionary rule and Bivens actions rarely provide effective relief for administrative-warrant home entries.
