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Tipsheet

Legal Expert Calls Spanberger's Judicial Warrant Demand Unreasonable, Unnecessary

Legal Expert Calls Spanberger's Judicial Warrant Demand Unreasonable, Unnecessary
(AP Photo/Steve Helber, Pool)

Virginia Governor Abigail Spanberger's term is off to a terrible start. Not only has she driven businesses from her state, but she's also broken her affordability promises by backing massive tax increases and new taxes on everything from Uber Eats to dog walking to gym memberships. 

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She ran as a moderate, and with the Democrats tapping her to give their rebuttal to the State of the Union address, it's clear her party wants her to go to higher office, perhaps even make a run for the White House in 2028. But there's a scandal brewing on her watch, and it's one that will hopefully sink Spanberger's career.

Last week, a criminal illegal alien with more than 40 arrests murdered a Fairfax County mother, Stephanie Minter, at a bus stop. Spanberger is refusing to turn that illegal, Abdul Jalloh, over to ICE and is demanding that ICE get a judicial warrant before she'll release him. 

It also turns out the Fairfax police warned prosecutor Steve Descano's office about Jalloh, writing in an email that it was only a matter of when, not if, Jalloh committed a violent crime. That email was sent in November. Three months later, Stephanie Minter was dead. And yet Virginia Democrats are siding with the illegal alien murderer, putting their agenda ahead of the safety of Virginians.

Now a legal expert is saying Spanberger's demand for a judical warrant is neither reasonable nor necessary.

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Here's more:

Several legal experts 7News has spoken to say ICE does not need a judicial warrant to make an immigration arrest, and that local law enforcement requiring them is a choice.

When ICE wants to detain an illegal immigrant in the Fairfax County jail, they send detainers and administrative warrants to the Sheriff, which is what happened in the case of Abdul Jalloh.

Legal experts 7News spoke to agreed that ICE cannot go to a local Fairfax County judge to get a judicial warrant. However, ICE can go to a federal judge for a warrant, Ben Messer with the American Immigration Lawyers Association said.

“ICE can go to a federal judge, a federal district judge there in Virginia, and say this person is charged with this crime in the Commonwealth, and they probably can get access to some of the records that have been used to charge the guy and say, this is why, you know, we think he's dangerous,” Messer said.

But former federal prosecutor Zack Smith said ICE cannot get a federal warrant for a state crime, which is what Jalloh is charged with.

“Essentially, what the governor and others who support her position are doing is they're making it more difficult for ICE to do their jobs,” said Smith.

Spanberger knows exactly what she's doing, of course. Democrats know judicial warrants are not necessary and not required under federal immigration laws. They're demanding judicial warrants because it will drag out the process of detaining and deporting illegals so long that it'll render immigration laws essentially null and void.

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It's plainly clear that Democrats will put illegal aliens, including violent criminals, ahead of the safety and security of Americans. This is intolerable and cannot be allowed to stand.

Editor’s Note: Democrat politicians and their radical supporters will do everything they can to interfere with and threaten ICE agents enforcing our immigration laws.

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