Warrantless Home Searches Under the Alien Enemies Act?
In the New York Times, Devlin Barrett reports that “Trump administration lawyers have determined that an 18th-century wartime law the president has invoked to deport suspected members of a Venezuelan gang allows federal agents to enter homes without a warrant, according to people familiar with internal discussions.”
From the story:
The disclosure reflects the Trump administration’s aggressive view of presidential power, including setting aside a key provision of the Fourth Amendment that requires a court order to search someone’s home. * * * *
Last week, Mr. Trump quietly signed a proclamation invoking the law, known as the Alien Enemies Act of 1798. It grants him the authority to remove from the United States foreign citizens he has designated as “alien enemies” in the cases of war or an invasion.
His order took aim at Venezuelan citizens 14 or older who belong to the Tren de Aragua gang, and who are not naturalized or lawful permanent residents. “All such alien enemies, wherever found within any territory subject to the jurisdiction of the United States, are subject to summary apprehension,” the proclamation said.
Senior lawyers at the Justice Department view that language, combined with the historical use of the law, to mean that the government does not need a warrant to enter a home or premises to search for people believed to be members of that gang, according to two officials familiar with the new policy. * * *
The curious part of the story is that it’s hard to tell what the government’s legal theory is. What specifically do they think suspends the usual Fourth Amendment warrant requirement?
The closest I can figure combines the references to “historical uses of the law” and a passage near the end of the
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