Background on the Alien Enemies Act

The Alien Enemies Act (AEA), enacted in 1798, has recently been invoked by the U.S. Department of Justice. This law is intended to allow the deportation of non-citizens deemed a danger to national security. Its use has raised significant concerns regarding the rights of undocumented immigrants in the United States.

New Directives from the Trump Administration

An internal memo from March 14, obtained by USA Today, reveals that the Trump administration directed Immigration and Customs Enforcement (ICE) to conduct home searches for suspected gang members without obtaining search warrants. The memo particularly pertains to members of the Venezuelan gang, Tren de Aragua.

Implications of the Memo

“As much as practicable, officers should follow the proactive procedures… before contacting an alien enemy. However, that will not always be realistic.”

This directive allows for the apprehension of suspected gang members based on a “reasonable belief” of their status as alien enemies, potentially bypassing traditional legal safeguards such as obtaining a warrant. Critics argue this undermines the Fourth Amendment rights of individuals in their homes.

Legal and Human Rights Challenges

The use of the AEA by the Trump administration has led to the deportation of many undocumented immigrants, some of whom have no criminal histories in the U.S. Notable cases include individuals like Andry José Hernández Romero and Kilmar Abrego García, who have faced wrongful deportation to a notorious prison in El Salvador.

In response to these actions, the ACLU along with other organizations have initiated legal challenges. They argue that individuals targeted under the AEA are subject to severe consequences, including life without fair hearings.

Recent Judicial Actions

U.S. District Judge David Briones recently ordered ICE to release a Venezuelan couple detained under the AEA. This ruling emphasized that the government had not provided adequate justification for their continued detention.

Expert Opinions

Lee Gelernt, the ACLU’s lead counsel in this matter, criticized the administration’s broad interpretation of the AEA and its potential violations of constitutional rights, stating, “The administration’s unprecedented use of a wartime authority during peacetime was bad enough.” Attorney Monique Sherman echoed these concerns, emphasizing the sanctity of the home as a private space under constitutional law.

As Georgetown University Law Center professor Steve Vladeck noted, “There’s no Alien Enemies Act exception to the Fourth Amendment.”