Lawyers in the Trump administration have concluded that an 18th-century law, the Alien Enemies Act of 1798, permits federal agents to enter homes without a warrant when deporting suspected members of a Venezuelan gang. This interpretation highlights the administration's assertive stance on presidential power and suggests a potential disregard for the Fourth Amendment's requirement for a court order to conduct home searches.
While it is uncertain if the administration will enact this interpretation, experts warn that such a move could violate civil liberties and lead to abuse. Historically, warrantless entries have occurred during wartime, but applying this law in peacetime to target undocumented immigrants represents a new and controversial use.
President Trump recently signed a proclamation invoking the Alien Enemies Act to remove Venezuelan citizens aged 14 and older associated with the Tren de Aragua gang, who are not naturalized or lawful permanent residents. The proclamation states that these individuals are subject to summary apprehension within U.S. jurisdiction.
Senior Justice Department lawyers interpret this proclamation as allowing the government to conduct warrantless searches for individuals linked to the gang. A department spokesperson declined to comment on the matter.
The law's application is contentious, having been used only three times during major wars, and there are questions regarding how individuals are classified as members of Tren de Aragua. Using this law could help the administration fulfill its immigration reduction promises, as current regulations limit immigration agents' actions without a warrant.
Legal scholars have critiqued the law for its potential for misuse. During World War II, it enabled the search and detention of citizens of enemy nations, which raises concerns about civil liberties. The law has historically extended presidential authority to not only detain and deport noncitizens but also control their movements and speech.
Experts caution that the administration's broad interpretation of presidential authority could undermine the protections intended by the Fourth Amendment, which mandates judicial oversight for searches and seizures. Some legal precedents suggest the president may act without court intervention, but those cases involved declared wars, which does not apply in the current context.
President Trump has characterized immigration as an invasion, but such statements differ significantly from a formal state of war recognized by Congress. Historically, the Alien Enemies Act has justified warrantless searches based on an individual's status as an "enemy alien," leading to significant civil rights violations.
Recent actions under this law have already resulted in the expulsion of over 100 Venezuelan citizens to El Salvador, where they are being held in a prison complex. A federal judge has temporarily halted the administration's use of the law while reviewing the legal implications, having ordered that deportation flights be turned around. The Justice Department contends it did not violate the judge’s orders, arguing limited authority on immigration matters.