Will ICE Use the Alien Enemies Act To Enter Homes Without Warrants?
Just a few days after President Donald Trump took office in January, Immigration and Customs Enforcement (ICE) carried out a workplace raid in Newark, New Jersey, that alarmed local officials and immigrant advocates.
ICE agents detained “undocumented residents as well as citizens, without producing a warrant,” said Newark Mayor Ras J. Baraka in a January 23 statement. “This egregious act is in plain violation of the Fourth Amendment of the U.S. Constitution, which guarantees ‘the right of the people [to] be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.'”
The Trump administration could be gearing up for broader warrantless immigration enforcement. Lawyers for the administration “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,” The New York Times reported on Thursday, which would effectively set “aside a key provision of the Fourth Amendment that requires a court order to search someone’s home.”
The “18th-century wartime law” in question is the Alien Enemies Act of 1798, which gives the president broad authority to detain and deport noncitizens during times of war. Trump invoked the law earlier this month to justify deporting alleged members of Tren de Aragua, a Venezuelan gang. Members of the gang had “unlawfully infiltrated the United States and are conducting irregular warfare” against Americans, Trump explained in an executive order.
“All such Alien Enemies, wherever found within any territory subject to the jurisdiction of the United States, are subject to summary apprehension,” the order continued. Senior Justice Department lawyers believe that language and the Alien Enemies Act’s historic applications mean “the government does not need a warrant to enter a home or premises to search for people believed to be members of that gang,” the Times reported.
The administration should think twice about acting on that interpretation, given the fallout over last weekend’s Alien Enemies Act–related deportations. An ICE official’s sworn affidavit “paint[ed] the picture of a Trump administration and ICE management that were determined to deport as many people as
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