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DOJ Memo Claims Alien Enemies Act Allows Warrantless Searches of Your Home [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-04-25
A newly surfaced Justice Department memo reveals that the Trump administration is relying on the Alien Enemies Act of 1798 to conduct warrantless home searches and deportations without judicial oversight for certain non-citizen Venezuelan nationals.
The memo, dated 03/28/25, was obtained through a Freedom of Information Act (FOIA) request by the transparency group Property of the People. It outlines the federal government's interpretation of the Alien Enemies Act (AEA), a rarely used statute from the 18th century, to justify a series of immigration enforcement actions.
Key Provisions of the Memo
No Warrant Required: The memo states explicitly that “a judicial or administrative arrest warrant is not necessary” for federal officers to apprehend someone designated an "alien enemy."
Home Entry Authorized: Officers may enter an individual's home without a warrant “where circumstances render it impracticable” to obtain prior approval.
No Access to Courts: The memo asserts that individuals classified under the AEA are not entitled to a hearing before an immigration judge or to judicial review in U.S. courts.
Who Is Affected
According to the memo, this policy applies to:
Venezuelan nationals (non-citizens, non–green card holders),
Individuals age 14 and older,
Those alleged to be associated with the Tren de Aragua gang.
The government uses a classification process described in a related “Alien Enemy Validation Guide,” which includes a points-based system for determining gang affiliation. Some detained individuals were reportedly flagged based on tattoos or other indirect indicators.
Legal and Civil Liberties Concerns
The ACLU has filed a lawsuit challenging the use of the Alien Enemies Act in this context, arguing that the memo violates constitutional protections of due process and risks detaining people without meaningful evidence or legal recourse.
A federal judge has issued a temporary restraining order, requiring the government to give certain detainees the opportunity to challenge their status before removal.
Legal scholars and advocacy groups have raised concerns about using a wartime-era law (originally intended for use during declared wars) to bypass standard immigration procedures. The AEA has historically been invoked during major wars (e.g. World Wars), not peacetime immigration enforcement.
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