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Fact check: Did Donald Trump order ICE to be able to search homes without a warrant.
Checked on April 26, 2025
1. Summary of the results
The situation is more complex than the original question suggests. While Trump's administration has not directly ordered warrantless searches, they are actively exploring this possibility through specific legal mechanisms:
- A Justice Department memo was issued allowing ICE agents to conduct warrantless searches specifically targeting Venezuelan immigrants suspected of being in the Tren de Aragua gang [1]
- This directive, issued by Attorney General Pam Bondi, explicitly states that those deemed "Alien Enemies" would not be entitled to judicial review [2]
- However, current law maintains that ICE cannot search homes without either:
- A judicial warrant signed by a judge
- Explicit consent from the occupant [3]
2. Missing context/alternative viewpoints
Several crucial pieces of context are missing from the original question:
- The administration is specifically using the Alien Enemies Act as their legal justification [4]
- The policy specifically targets Venezuelan immigrants aged 14 or older [1]
- The Trump administration has previously employed "collateral arrests" that have faced legal challenges [5]
- Immigration attorneys emphasize that individuals maintain the right to demand a judicial warrant before allowing entry [3]
- Legal expert Margaret Daun confirms that people can refuse entry to ICE agents who only have an administrative warrant [6]
3. Potential misinformation/bias in the original statement
The original question oversimplifies a complex legal and political situation:
- The administration's position is being framed as a counter-terrorism measure, with officials stating "terrorists don't get to hide behind closed doors" [7]
- There's a crucial distinction between:
- Administrative warrants (which don't allow forced entry)
- Judicial warrants (which do allow forced entry) [8]
Who benefits:
- The Trump administration benefits from portraying this as a national security issue rather than an immigration one
- Law enforcement agencies benefit from expanded powers
- Immigration attorneys and civil rights organizations benefit from maintaining current restrictions on searches
- Venezuelan immigrant communities are directly impacted by these policies, creating an "atmosphere of fear" [5]
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