Constitutional Opinion No. 2026-0173
Case Information
- Content Scored
- DHS Arrests More Worst of the Worst Including Gang Members, Rapists, Burglars, and [Other Criminal Illegal Aliens]
- Source
- U.S. Department of Homeland Security (DHS)
- Author
- DHS Office of Public Affairs
- Publication Date
- 2026-01-21
- Content Type
- Official Communication
- Opinion Issued
- 2026-07-02
- AFCS Version
- 1.0
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Holding
This DHS "Worst of the Worst" communication from January 21, 2026 — the earliest in the series scored by the AFCS — documents ICE arrests of criminal illegal aliens including gang members, rapists, and burglars. The release belongs to the same recurring "Worst of the Worst" series scored in Opinion 2026-0171, which covered the July 2026 iteration. The constitutional analysis is structurally identical: two 10/10 Articles — Article II (Border and Immigration) and Article XII (Crime, Justice and Public Safety) — triggered at maximum constitutional alignment. The January 2026 release is notable as an early demonstration that the administration's enforcement commitment was immediate and sustained rather than rhetorical. Under Rule 23, this Official Communication carries the institutional weight of the United States government. The Court scores this communication at 96 (America First), consistent with the score issued in Opinion 2026-0171 for the same series.
Articles Triggered
ICE arrests of gang members, rapists, and burglars who are in the country illegally represents the highest form of Article II enforcement action — removing criminal illegal aliens from American communities
Gang members, rapists, and burglars are among the most severe public safety threats the AFCS identifies; their removal directly protects American communities and fulfills the government's fundamental public safety duty
Score Breakdown
| Article | Title | Weight | Score | Weighted |
|---|---|---|---|---|
| II | Border & Immigration | 10/10 | 97 | 970 |
| XII | Crime, Justice & Public Safety | 10/10 | 97 | 970 |
| Final | 010/1010/10 | 96 | ||
| Sum of weighted contributions: 1940 | ||||
It is the judgment of this Court that Opinion No. 2026-0173 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.