Trump DOJ clears federal authorities to arrest Tren de Aragua gang members without warrant
The memo states that “a judicial or administrative arrest warrant is not necessary to apprehend a validated Alien Enemy.”
Federal law enforcement has been cleared to detain and arrest Venezuelan nationals suspected of being a member of the Tren de Argua gang without a court or administrative warrant, a directive from the Department of Justice said.
According to a memo obtained by USA Today, agents are instructed that they can take those they suspect are members of the gang, which has been classified as a terrorist organization by the Trump administration. The memo outlines the procedures federal agents should follow to carry out the arrests under the Alien Enemies Act, which Trump invoked earlier this year.
Although it states that suspected members of the gang can be taken into custody without a warrant, the memo tells agents to consult federal prosecutors when possible to obtain one.
“While a judicial or administrative arrest warrant is not necessary to apprehend a validated Alien Enemy, to perfect apprehension operation plans, officers should consider consulting federal prosecutors in the relevant district to obtain criminal search warrants and/or criminal arrest warrants based on” failure to carry immigration documents, as well as other 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 added.
A related memo from April 9 ordered that those arrested under the Alien Enemies Act be given to Immigration and Customs Enforcement, which will house the suspected gang members in a Texas detention facility before they are deported, Bloomberg reported.
On Thursday, Department of Homeland Security Secretary Kristi Noem said that there have been over 600 alleged Tren de Aragua members arrested.
“If you are here illegally and break the law, we will hunt you down, arrest you and lock you up. That’s a promise,” Noem added in the post while sharing a montage video of different arrests.