For The AcabAnon,
Constitution-Congress-US Code-DOJ- ICE and DHS , that’s how it’s Constitutional. Tried to make it an easy tutorial for you
Constitutional Basis & Limitations
• Inherent Power: The Constitution grants Congress broad power over immigration and customs, forming the legal basis for agencies like ICE.
• Fourth Amendment: ICE's power isn't absolute; the Fourth Amendment protects individuals from unreasonable searches and seizures, applying to immigration arrests even for non-citizens.
• Border Exception: A historical "border search exception," stemming from early customs laws, allows for broader searches at international borders, but courts debate its application further inland.
• Due Process: The Fifth Amendment's due process clause also applies, meaning detained individuals have rights, including potentially needing a neutral review for continued detention.
In essence, while the Constitution provides the general framework for immigration and customs enforcement, the modern agency of ICE is a product of post-9/11 legislation, operating within the established constitutional rights and limitations, especially concerning searches, seizures, and due process.
How it Works:
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Congress Acts: Passes a law (e.g., establishing a new environmental standard).
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Authority Granted: That law grants authority to an agency (e.g., EPA) in the U.S. Code.
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Agency Regulates: The EPA issues specific rules in the CFR (e.g., 40 CFR Part X) under that authority.
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Verification: You can trace a CFR regulation back to its enabling statute in the U.S. Code using "Authority" notes or citation tools, confirming the agency acted legally.
Library of Congress Research Guides (.gov)
• 45 U.S. Code § 54a - Certain Federal and State regulations deemed statutory authority
• 45 U.S. Code § 54a states that certain federal and state regulations are considered statutory authority.
Statutory Authority (U.S. Code)
• 19 USC § 2071: Establishes the U.S. Customs Service (now within the Department of Homeland Security as CBP) and the Commissioner's role.
• 19 USC § 1589a: Grants customs officers specific enforcement powers, including carrying firearms and serving warrants, but these powers are still subject to constitutional limits.
• Mission & Evolution: ICE was designed to merge the investigative and interior enforcement functions of its predecessors. It is currently divided into three main directorates: Homeland Security Investigations (HSI), which handles criminal investigations (gangs, smuggling, etc.), Enforcement and Removal Operations (ERO), which manages detention and deportations, and the Office of the Principal Legal Advisor (OPLA).
• Recent History (2025–2026): As of early 2026, the agency has seen a massive expansion in budget and personnel. Following the 2025 passage of the One Big Beautiful Bill Act, ICE became the most well-funded federal law enforcement agency in U.S. history. Under the second Trump administration, it has spearheaded a "mass deportation initiative," leading to record-high detention populations (reaching 73,000 by January 2026) and significant public protests.
No more with the "…Muh Constitution" bullshit , you must either go back, or do a flip