Trump Administration's Secret Memo Allows Warrantless Home Invasions for Immigration Raids
In a shocking revelation, a leaked internal memo has surfaced indicating that the Trump administration has permitted immigration agents to conduct home invasions without warrants for over a month. This alarming directive, brought to light by USA Today, was disseminated by Attorney General Pam Bondi on March 14 and specifically instructs Immigration and Customs Enforcement (ICE) officials to break into the residences of individuals suspected of being affiliated with the Venezuelan gang known as Tren de Aragua.
The memo reveals a significant shift in the enforcement practices of ICE, allowing agents to circumvent the established proactive procedures designed to secure warrants. The memo argues that such procedures will not always be realistic or effective in swiftly identifying and removing alien enemies. By relaxing these guidelines, the administration opens the door for potential violations of civil liberties.
Furthermore, the memo states, Given the dynamic nature of enforcement operations, officers in the field are authorized to apprehend aliens upon a reasonable belief that the alien meets all four requirements to be validated as an alien enemy. This directive effectively grants ICE officers expanded powers to enter a suspected alien enemys residence without first obtaining a signed notice and warrant of apprehension, particularly in circumstances deemed impractical for warrant acquisition.
Attached to the memo was the Alien Enemy Validation Guidea document outlining a point-based assessment system to determine whether individuals are connected to the Tren de Aragua gang and thus subject to deportation. The following day, the administration took action, deporting over 200 Venezuelans to El Salvadors notorious Terrorism Confinement Center (CECOT), among whom was Kilmar Abrego Garcia, a Maryland resident who was wrongfully deported.
This series of events aligns with President Donald Trumps announcement on March 15, where he declared his intent to invoke the Alien Enemies Act of 1798. This archaic law, originally designed to deal with foreign adversaries during wartime, allows for the arrest and deportation of alien enemies in times of conflict. Trumps proclamation specified, I proclaim that all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as Alien Enemies.
In a further declaration, the President asserted, I further find and declare that all such members of TdA are a danger to the public peace or safety of the United States. However, the administrations enforcement of this policy has raised significant concerns, as reports have surfaced of immigrants being apprehended and deported, including individuals who are not Venezuelan and possess no criminal background, to the high-security prison in El Salvador.
In response to these actions, the American Civil Liberties Union (ACLU) and other advocacy groups have filed lawsuits against the administration, seeking to halt any further deportations carried out under the Alien Enemies Act. Lee Gelernt, the lead counsel for the ACLU in these cases, expressed grave concerns, stating, The administrations unprecedented use of a wartime authority during peacetime was bad enough. Now we find out the Justice Department was authorizing officers to ignore the most bedrock principle of the Fourth Amendment by authorizing officers to enter homes without a judicial warrant.
The Alien Enemies Act stipulates that it can only be invoked when there is a declared war between the United States and any foreign nation or government or during an invasion or predatory incursion perpetrated, attempted, or threatened against the United States by a foreign entity. Many observers have pointed out that the current immigration enforcement tactics targeting members of the Tren de Aragua gang do not fulfill the criteria of war, invasion, or predatory incursion.
The memo was acquired by the nonprofit organization Property of the People, which is dedicated to enhancing governmental transparency and accountability.