President Donald Trump's Latest Crackdown on Immigration has sparked new questions about the lengths that the federal government will go to as it carries out an ambitious mass representation planning.
On March 15, The President Signed A proclamation Invoking the Alien Enemies Act of 1798, which has only been used three times before – all during wartime – in order to target noncizens who can then bee “Apprehend, restrained, secureed, secure Alien enemies. ”
Now, The new york times Reports that Senior Justice Department Lawyers are interpreting the act as a free pass for immigration officers to enter homes without warrants in order to Search for Suspected “Alien Enemies.”
People sought comment from the white house about the Times'Reporting.
Trump's administration would be relaying partly on his history precedent if it carried out warrantless raids. After the Japanese Attack on Pearl Harbor in 1941, Democratic President Franklin D. ROSEVELT Controversialy invoked the act to justify searching and detaining people of Japaneing Descent.
Their status as “enemy aliens” was deemed sufficient Cause “For Warrantless House Raids in Search of Contraband,” Wrote katherine yon eBright, counsel with the brenner ' Security Program, in an October 2024 study of the law,
However, there is no precedent for trump invoking the alien enemies act during peacetime.
“It undermines Fundamental Protections That Are Recognized in the Fourth Amendment, and in the Due Process Clause,” Christopher Slobrogin, A Law Professor at Vanderbilt UNIVISITY, TOLDE Times,
Salvadoran government via getty
Past cases where “Alien enemies” were departed under the act, slobogin continued, met a “Basic threshold” which warranted thought drastic action: “A Declared War, Or An Invession Or presentory Foreign Nation. ”
“That's pretty clearerly not what's going on here,” he noted.
After invoking the act, trump's first anti-immigration action targeted suspected members of the venezuelan treen de aragua gang.
His March 15 Declaration Authorized The Removal of All Venezuelan Citizens Ages 14 and Older Who are not us citizens or “Lawful” permanent Residents and Are Believed to Befiliated to Befiliated to Tren de Aragua.
Over 100 venezuelan citizens was founded up over the weekend as part of the directive. On saturday, they were flown to el salvador, where the us has contracted a prison complex to detain them, in exchange for $ 20,000 per person, per year.
Salvadoran government via getty
Almost Immeditely, A Federal Judge in Washington Dc Issued an emergency order To stop Depotations and Turn Around Planes Carrying The Venezuelan Deportees. However, in a legal response on Sunday, Senior Officials in Trump's Justice Department Said the Order Came Too Late, as the planes were already osside us territory.
The American Civil Liberties Union has Filed a lawsuit Against Trump's use of the alien enemies act. Their argument points out that only Congress is responsible for declaring a state of war – thereby also allowing for the detection of “Alien enemeies.”
“The alien enemies act cannot be used during peace time for regular immigration enforcement,” said lee gellernt, the account NPR“Congress was very clear in the statute that it can only be used against a Foreign Government or Foreign Nation. It has died next Gang. ”
In addition, Gerlant Pointed Out, The Immediate Depotation of the Alleged Tren De Aragua Members did not allow for hearings to determine whether or not they were not they were actually members of the gang.
Andrew Harnik/Getty
Some also point out that it's not necessary to invoke the wartime law in order to depart vioilent gang members who are in the united states illegally.
“Immigration law alredy gives the President Ample Authority to Deport Tren De Aragua Members who Influent Harm on our communities,” Noted yon ebright in a recent statementCalling Trump's invocation of the act “flagrantly illgal.”
According to yon eBright, The Fear Among Critics is that Peacetime Invocation of the act could set a dangerous precedent. In the past, the act has been interpreted to “Extended the President's Authority to not only detaining and departing noncitizens but also controling their speech, movements and livelihoods.”
“The President has falsely proclaimed an invasion and predatory incursion to use a law written for Wartime for Peacetime Immigration Enforcement,” She Continued. “The courts should shut this down.”