Donald Trump may use the Alien Enemies Act to Bypass the Fourth Amendment

According to The New York Times, the Trump administration appears poised to argue that the Alien Enemies Act grants them the authority to enter the homes of individuals they allege are members of Tren de Aragua without a warrant. This alarming stance is expected to face significant legal and constitutional challenges, as critics warn it could set a dangerous precedent for due process violations.

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The Alien Enemies Act, originally enacted in 1798, was designed to grant the president authority to detain and remove foreign nationals from hostile nations during times of war. It has rarely been invoked in modern history, and its broad application to alleged gang members within the U.S. raises profound constitutional concerns. The idea that the executive branch could use this law to bypass Fourth Amendment protections against unreasonable searches and seizures is a direct attack on fundamental civil liberties.

Despite common misconceptions, undocumented migrants are entitled to due process under the U.S. Constitution. The Fifth and Fourteenth Amendments guarantee that no person—not just citizens—shall be deprived of life, liberty, or property without due process of law. This means that any government action affecting their rights, including searches, arrests, or deportations, must follow established legal procedures. In addition, the Fourth Amendment ensures that individuals are not subject to unlawful searches and seizures.

Legal experts warn that if the administration’s interpretation is upheld in court, it could pave the way for unprecedented executive power. The ability to enter homes without a warrant based on mere allegations, rather than due process and judicial oversight, would erode the constitutional safeguards meant to protect all individuals—citizens and non-citizens alike. Such a move could also disproportionately target marginalized communities, further exacerbating racial profiling and systemic injustice.

Moreover, this approach sets a dangerous precedent that could extend beyond the current administration. If the Alien Enemies Act can be wielded in this manner now, future administrations could use it to justify even broader crackdowns, potentially targeting political dissidents, activists, or other groups deemed a “threat” by those in power.

If this interpretation is pursued, expect civil rights organizations and legal scholars to challenge it in court. The potential for widespread constitutional violations and unchecked executive authority demands serious scrutiny. If upheld, this move could fundamentally alter the balance of power in the U.S. government, threatening the very foundations of due process and individual rights.

The debate over this issue is not just about one administration’s policy choices—it is about the enduring principles of democracy and the rule of law. If the government is allowed to use an archaic law to circumvent constitutional protections, the consequences could be far-reaching and irreversible. The time to challenge such an overreach is now, before these dangerous precedents become normalized.