[UPDATE: I have changed the post below, as it was pointed out to me that the key opinion in Lucas was only a plurality opinion, not a majority opinion. I regret that I had not spotted that earlier. This is a revised post.]
This is a follow-up to my recent post, Can ICE Enter a Home To Make an Arrest With Only an Administrative Warrant?, on the Trump Administration's view that they can use I-205 warrants from the executive branch to enter homes to make immigration arrests. As you'll recall from that post, I was speculating about what the government's theory might be. In the last day, various administration and administration-friendly sources have suggested that they're relying on a 2007 plurality opinion from the en banc Eighth Circuit, United States v. Lucas, 499 F. 3d 769 (8th Cir. 2007), for that view.
I thought I would take a look at Lucas and see if it provides the support the Administration claims.
