The two warrants become conflated during some removals:
Under the Immigration and Nationality Act, immigration agents may arrest a removable alien using a warrant issued by an immigration court judge. For Constitutional purposes, the immigration judge is considered a neutral arbitrator.
However, the Supreme Court has held that entry into a home to effect an arrest generally requires a judicial warrant based on probable cause. The remedy for violation of this is a fouled arrest and fouled subsequent charges.
The DHS Office of General Counsel, asserts agents can forcibly enter homes using administrative warrants — when a final order of removal has been issued by the court system establish by law for immigration matters (an immigration judge, the Board of Immigration Appeals, the associated Court of Appeals, Supreme Court — note: The many District/magistrate judges are excluded from immigration matters.)
If the DHS is wrong in that interpretation, the remedy for violation still remains a fouled arrest and fouled subsequent charges. (Sort of like having a foul called on you after the game has ended — by out-of-their-jurisdiction referees from another league.)
Of course, ICE doesn’t concern itself with fouled-up subsequent charges or District Court proceedings, because its focus is expulsion of already due-processed, removable aliens.
In summary, under ICE's current interpretation of U.S. law, agents may both enter a house (potentially by force) and arrest using a warrant from an immigration court judge — if it supports a final removal order.
Many think the immigration law should be different, or that Congress exceeds its authority in this due-process arrangement (although the Constitution grants Congress plenary authority in immigration and court configuration/jurisdiction matters).
This controversy is far beyond the judgement of random District judges. But, the thirst for Judicial Supremacy is unquenchable
I agree. But it is important that the morons who can barely function understand the difference between an arrest warrant and a search warrant.
If someone is harboring 100 illegals in their basement, I don't want ICE (or anyone else) to be able to enter the home without a warrant.
But if an illegal is at a bus stop, I see no reason for a warrant if there's already an order of removal.