A newly revealed internal memo from the U.S. Department of Justice shows that during Donald Trump’s presidency, Immigration and Customs Enforcement (ICE) agents were explicitly ordered to conduct warrantless home invasions — a clear violation of Americans’ constitutional rights.
According to reporting by USA Today, which obtained a copy of the March 14 memo issued by then-Acting Attorney General Pam Bondi’s office, the Trump administration invoked a centuries-old statute — the Alien Enemies Act of 1798 (AEA) — to justify ICE agents entering private residences without a judicial warrant. The memo instructed agents to pursue suspected members of the Venezuelan gang Tren de Aragua into homes, even when they lacked proper legal authorization.
The Alien Enemies Act, originally intended for use during wartime emergencies, has been aggressively repurposed under Trump’s policies to detain and deport hundreds of undocumented immigrants — the vast majority of whom have no criminal records in the United States. Shockingly, many of these individuals have been deported to El Salvador’s notorious CECOT supermax prison, regardless of their actual nationality or ties to any criminal organization.
The memo states:
“As much as practicable, officers should obtain a warrant of apprehension and removal before contacting an alien enemy. However, that will not always be realistic or effective in swiftly identifying and removing alien enemies… Officers are authorized to enter an alien enemy’s residence to make an AEA apprehension where circumstances render it impracticable to first obtain a signed notice and warrant.”
This sweeping interpretation of enforcement power raises serious constitutional concerns. Experts point out that it effectively sidelines Fourth Amendment protections, which guarantee the right to be secure in one’s home against unreasonable searches and seizures.
The consequences have been devastating. Among those wrongfully deported under this policy are Venezuelan makeup artist Andry José Hernández Romero and Kilmar Abrego García, both of whom were sent to El Salvador’s CECOT prison without due process. The Trump administration has even defied a U.S. Supreme Court order to facilitate García’s return to the United States.
Civil rights groups are pushing back hard. Earlier this month, the ACLU and partner organizations filed lawsuits challenging the Trump administration’s misuse of the Alien Enemies Act. Their argument is simple and powerful: no individual should face the terrifying prospect of indefinite imprisonment in a foreign country without a fair legal process.
U.S. District Judge David Briones echoed these concerns. On Friday, he ordered ICE to immediately release a Venezuelan couple detained under the AEA in El Paso, Texas, stating that the government had “not demonstrated any lawful basis” for their continued detention. Furthermore, Briones warned ICE against carrying out any further deportations of detainees labeled as “alien enemies” in West Texas without proper legal process.
Lee Gelernt, lead counsel for the ACLU’s litigation efforts, summed up the constitutional danger:
“The administration’s unprecedented use of a wartime authority during peacetime was already troubling enough. Now, we are learning that the Justice Department was effectively authorizing ICE agents to trample over the Fourth Amendment by allowing home entries without judicial warrants.”
Other legal experts are equally alarmed. Monique Sherman, an attorney with the Rocky Mountain Immigrant Advocacy Network, emphasized:
“The home is supposed to be the most sacred space under constitutional law, where your right to privacy is most protected. Under this memo, spurious allegations of gang affiliation give the government license to kick down your door.”
And as Georgetown University Law Center professor Steve Vladeck bluntly put it:
“There is no ‘Alien Enemies Act’ exception to the Fourth Amendment.”
The Trump administration’s actions not only disregarded basic constitutional protections — they demonstrated a stunning willingness to weaponize obscure laws against vulnerable communities, with devastating human consequences. As these revelations continue to come to light, they offer a sobering reminder of how easily civil liberties can be undermined when power is unchecked.
