Warrantless Home Searches Under the Alien Enemies Act?
Abstract
Orin S. Kerr critically examines the Trump administration’s interpretation of the 1798 Alien Enemies Act, which has been invoked to justify warrantless home searches targeting Venezuelan nationals affiliated with the Tren de Aragua gang. Kerr delves into historical precedents, particularly during World War II, to assess the legal foundations of such actions. He questions the contemporary application of this 18th-century law, highlighting potential constitutional concerns and the implications for Fourth Amendment protections.