It remains unclear whether the Trump administration will apply the law in this way. But such an interpretation, experts say, would infringe on basic civil liberties.
Trump administration lawyers have determined that an 18th-century wartime law the president has invoked to deport suspected members of a Venezuelan gang allows federal agents to enter homes without a warrant, according to people familiar with internal discussions.
His order took aim at Venezuelan citizens 14 or older who belong to the Tren de Aragua gang, and who are not naturalized or lawful permanent residents. “All such alien enemies, wherever found within any territory subject to the jurisdiction of the United States, are subject to summary apprehension,” the proclamation said.
Senior lawyers at the Justice Department view that language, combined with the historical use of the law, to mean that the government does not need a warrant to enter a home or premises to search for people believed to be members of that gang, according to two officials familiar with the new policy.
Wild that a lawyer would take “wherever found” to indicate you can try to find them wherever.