Administration Officials Believe Order Lets Immigration Agents Enter Homes Without Warrants

Trump administration lawyers 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, according to people familiar with internal discussions.

The disclosure reflects the Trump administration’s aggressive view of presidential power, including setting aside a key provision of the Fourth Amendment that requires a court order to search someone’s home.

It remains unclear whether the administration will apply the law in this way, but experts say such an interpretation would infringe on basic civil liberties and raise the potential for misuse. Warrantless entries have some precedent in America’s wartime history, but invoking the law in peacetime to pursue undocumented immigrants in such a way would be an entirely new application, they added.

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Last week, Mr. Trump quietly signed a proclamation invoking the law, known as the Alien Enemies Act of 1798. It grants him the authority to remove from the United States foreign citizens he has designated as “alien enemies” in the cases of war or an invasion.

His order took aim at Venezuelan citizens 14 or older who belong to the Tren de Aragua gang, and who are not naturalized or lawful permanent residents. “All such alien enemies, wherever found within any territory subject to the jurisdiction of the United States, are subject to summary apprehension,” the proclamation said.

Senior lawyers at the Justice Department view that language, combined with the historical use of the law, to mean that the government does not need a warrant to enter a home or premises to search for people believed to be members of that gang, according to two officials familiar with the new policy.

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Christopher A. Wellborn, the president of the National Association of Criminal Defense Lawyers, called the old law a relic that is dangerously prone to abuse — particularly when it comes to people’s right to privacy in their homes.

“The Fourth Amendment applies to everyone in the U.S., not just individuals with legal status,” he said. Taking away that right would be an “abuse of power that destroys our privacy, making Americans feel unsafe and vulnerable in the places where our children play and our loved ones sleep.”

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Using the law to avoid warrant requirements would facilitate at least one part of the administration’s bid to deliver on the president’s campaign promise to cut down on immigration. Currently, immigration agents without a warrant can do little more than knock on a door and ask to come in.

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In the past, the law has been interpreted to “extend the president’s authority to not only detaining and deporting noncitizens but also controlling their speech, movements and livelihoods,” Katherine Yon Ebright wrote in a 2024 study of the law for the Brennan Center for Justice.

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