- As far as I know, this is DHS's first effort to explain their position that I-205 forms allow entry into the home. They rely on the dicta in the 1960 Abel case (before Payton) and re-imagine the plurality opinion in Lucas as if it were the majority (and then overrely on it).
- As I've written, this isn't a frivolous argument. But if you're litigating this before a judge, and this is your argument, you go in fully expecting to lose. My posts on this: (1) On Abel: reason.com/volokh/2026/... (2) On Lucas: reason.com/volokh/2026/...Feb 5, 2026 07:56
