Leaked DOJ Memo Reveals Trump Ordered ICE Warrantless Raids on Homes!

The U.S. Department of Justice has controversially utilized an old law to direct immigration agents to conduct raids on homes without obtaining warrants, according to an internal document.

USA Today accessed a memo dated March 14, from the office of U.S. Attorney General Pam Bondi. The report from Friday disclosed that the Trump administration commanded Immigration and Customs Enforcement (ICE) to target suspected Venezuelan gang members from Tren de Aragua, sometimes entering homes without warrants, under the provisions of the Alien Enemies Act (AEA).

This law, dating back to 1798, has been used to deport hundreds of undocumented immigrants, most of whom have no criminal records in the United States. Many have been transferred to the Terrorism Confinement Center (CECOT), a high-security prison in El Salvador, regardless of their actual nationality.

As per the memo:

Where possible, officers are advised to adhere to proactive procedures including obtaining a signed warrant of apprehension and removal before engaging with an alien enemy. However, this may not always be feasible or efficient in quickly identifying and apprehending alien enemies… In routine enforcement activities, such as during operations targeting validated members of Tren de Aragua, officers may come across a suspected alien enemy. Due to the fluid nature of enforcement, field officers have the authority to detain aliens based on a reasonable belief that the person fulfills all criteria as an alien enemy. This includes entering the residence of an alien enemy for an AEA apprehension when circumstances make it impractical to first secure a signed notice and warrant of apprehension and removal.

The Trump administration’s broad use of the AEA and dubious criteria for targeting individuals have led to arrests and wrongful deportations, including those of makeup artist Andry José Hernández Romero and Kilmar Abrego García, both of whom were sent to CECOT. The Trump administration has ignored a U.S. Supreme Court directive to facilitate Abrego García’s return to the U.S.

Earlier this month, the ACLU and associated organizations filed a lawsuit to stop the Trump administration’s AEA-based deportations, claiming that “no one should endure the terrifying possibility of life-long imprisonment without a fair trial, especially abroad.”

On Friday, U.S. District Judge David Briones ordered the release of a Venezuelan couple detained in El Paso under the AEA, stating that the government “has not demonstrated any legal basis to continue detaining” them. Briones also cautioned ICE against deporting any other individuals it holds as alleged “alien enemies” in West Texas.

Lee Gelernt, the ACLU’s lead attorney in cases challenging the AEA usage, told USA Today, “The administration’s unprecedented use of a wartime power during a peacetime situation was troubling enough. Now we learn that the Justice Department authorized officials to bypass the core principle of the Fourth Amendment by allowing them to enter homes without a judicial warrant.”

Monique Sherman, a lawyer with the Rocky Mountain Immigrant Advocacy Network, voiced her concerns regarding the DOJ memo.

“The home, under all constitutional laws, is the most protected place for privacy rights,” Sherman explained to USA Today. “With this guideline, mere accusations of gang involvement could lead the government to forcibly enter your home.”

As stated by Steve Vladeck, a professor at Georgetown University Law Center, “There’s no Alien Enemies Act exception to the Fourth Amendment.”