ICE warrantless searches

Trump Memo Authorizes Warrantless ICE Home Raids

A leaked internal memo reveals the Trump administration authorized warrantless home entries by ICE agents to apprehend suspected members of the Venezuelan gang Tren de Aragua. This action, ordered by Attorney General Bondi, cited the impracticality of obtaining warrants for swift removals under the invoked Alien Enemies Act of 1798. Subsequently, over 200 Venezuelans, including individuals without criminal records, were deported, prompting lawsuits from the ACLU alleging Fourth Amendment violations. The legality of applying the Alien Enemies Act in the absence of declared war or invasion is heavily contested.

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Trump DOJ Ordered Warrantless ICE Home Invasions: Fourth Amendment Violation Sparks Outrage

In a memo obtained by USA Today, the Justice Department authorized ICE to conduct warrantless searches of homes suspected to harbor “alien enemies,” invoking the Alien Enemies Act. While warrants are preferred, the memo acknowledges practical limitations in swiftly apprehending such individuals. This authorization permits ICE agents to enter residences to apprehend suspected alien enemies if obtaining a warrant beforehand is deemed impractical, for example, during other enforcement operations. The power is contingent on a reasonable belief that the individual meets all four criteria for classification as an “alien enemy.”

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