Federal law enforcement officers have been authorized to detain and arrest suspected members of Venezuelan terrorist organization Tren de Aragua without a warrant.
An internal memo, obtained by USA Today, states that law-enforcement officers do not require a warrant to arrest members of Tren de Aragua, who have been scheduled for expedited deportation by the President under the 1798 Alien Enemies Act.
The memo advises officers that they should, nevertheless, “consider consulting federal prosecutors in the relevant district to obtain criminal search warrants and/or criminal arrest warrants” for immigration violations.
“While the ultimate goal is immediate identification and removal of Alien Enemies, coordination with federal prosecutors—who are required to support these operations at every step—may enhance officers’ ability to conduct apprehensions safely and efficiently, and may assist in the collection of evidence identifying additional Tren de Aragua members in the vicinity of the Alien Enemy to be apprehended,” the memo states.
Earlier in the month, it was reported that illegals arrested under the powers of the Alien Enemies Act should be given over to Immigration and Customs Enforcement (ICE) to be housed and processed for deportation in Texas.
Earlier this week, Secretary of Homeland Security Kristi Noem said over 600 alleged members of Tren de Aragua have already been arrested.
“f you are here illegally and break the law, we will hunt you down, arrest you and lock you up. That’s a promise,” Secretary Noem said in a post on X.
Last weekend, the US Supreme Court temporarily blocked the Trump administration from deporting an unknown number of Venezuelans who were due to be deported under the Alien Enemies Act.
“The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court,” the order states.
The order, which grants an emergency application filed by the Venezuelan men, was subject to dissent from Justices Clarence Thomas and Samuel Alito.
The emergency application was filed by the American Civil Liberties Union (ACLU), which asked the Supreme Court to block the Trump administration from deporting its clients. The ACLU is also seeking a temporary restraining order in the US District Court of the District of Columbia and a stay of removal from the Fifth Circuit.
Last month, President Trump designated Tren de Aragua, a Venezuelan gang, as a foreign terrorist organization. In an Executive Order, he said the President said the group is “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.”
The President then invoked the Alien Enemies Act to allow the “immediate apprehension, detention, and removal” of members of Tren de Aragua who are Venezuelan citizens 14 years of age or older and who are not U.S. citizens or lawful permanent residents of the United States.
On 15 March, the Trump administration used the Alien Enemies Act to deport nearly 150 Venezuelans to El Salvador, to be incarcerated in the Center for Terrorist Confinement (CECOT).
In a decision on 7 April, the Supreme Court had granted President Trump’s request to pause a district judge’s stay order preventing the administration from using the Alien Enemies Act to deport suspected members of Tren de Aragua, but ruled that detainees must be given the opportunity to challenge their removal from the US.
