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Trump Administration's Use of Alien Enemies Act Faces New Legal Challenges

Newly revealed DOJ memo detailing warrantless home searches and removal without judicial review prompts fresh lawsuits and court orders halting deportations.

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FILE - Venezuelan migrants board a plane heading back to their home country from Harlingen, Texas, on Wednesday, Oct. 18, 2023. (AP Photo/Valerie Gonzalez, File)
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Overview

  • A newly disclosed DOJ memo, issued by Attorney General Pam Bondi, authorizes warrantless home entries and deportations without judicial review under the Alien Enemies Act.
  • Federal courts, including the Southern District of Texas and Colorado, have extended temporary restraining orders blocking deportations based on the Act, requiring judicial oversight.
  • The memo outlines criteria for identifying 'alien enemies,' including subjective factors like tattoos and associations, raising concerns over racial profiling and constitutional violations.
  • The U.S. Supreme Court previously ruled that detainees under the Act are entitled to judicial review, but the memo challenges this by denying due process protections.
  • Human rights groups and legal experts warn that the administration's actions mark an unprecedented use of the 1798 wartime statute during peacetime, sparking significant constitutional debates.