The March 14 directive, signed by Attorney General Pam Bondi, uses an obscure 18th-century law — the Alien Enemies Act of 1798 — to give law enforcement nationwide the power to bypass basic constitutional protections.
According to the memo, agents can break into a home if getting a warrant is “impracticable,” and they don’t need a judge’s approval. Instead, immigration officers can sign their own administrative warrants. The bar for action is low — a “reasonable belief” that someone might be part of a Venezuelan gang is enough.
The memo and policy are not meant to survive Constitutional challenge. It facially and clearly violates it:
No, this is meant to give the veneer of an arguably defensible policy, a temporary measure. And why would that be enough? Well, one possibility is that after a period of time it will not to matter anymore.
When wouldn’t it matter anymore? Oh, say - just throwing this out there - if it ties the issue up in courts long enough for Trump to secure permanent dictatorial power after harassing or disappearing political opponents and judges.