(Bloomberg) — Federal law enforcement agents can arrest Venezuelan nationals in the US suspected of belonging to the Tren de Aragua gang without a judicial or administrative warrants, according to a directive from Attorney General Pam Bondi.
The memo, dated March 14 and obtained through a public records request by the transparency group Property of the People, outlines procedures under the Alien Enemies Act, an 18th-century law that President Donald Trump invoked last month to fast-track deportations of some Venezuelan migrants.
The directive instructs agents on how to identify suspected gang members and confirms they may take individuals into custody without first securing a warrant.
However, it advises agents to consult federal prosecutors when possible to seek criminal search or arrest warrants for related offenses, such as violations like failing to carry immigration documents or register.
The Trump administration has designated Tren de Aragua, a violent Venezuelan gang, as a terrorist organization.
In a related April 9 email obtained as part of the public records request, the FBI’s Criminal Investigative Division ordered that individuals arrested under the Alien Enemies Act be transferred to US Immigration and Customs Enforcement, which is housing such migrants at a Texas detention facility pending deportation. Acting Assistant Director Greg Nelsen warned agents against transferring detainees to the Southern District of New York — where a federal court order currently bars deportations under the act.
So far, federal authorities have arrested more than 600 alleged Tren de Aragua members, Homeland Security Secretary Kristi Noem said Thursday in a post on X.
More than 200 Venezuelan men accused of being gang members and “alien enemies” were deported last month to the maximum-security Cecot prison in El Salvador. A Bloomberg analysis found that about 90% of the men sent to Cecot didn’t have a criminal history in the US.
According to Bondi’s memo, migrants detained and designated as alien enemies are not entitled to a court hearing, an appeal or judicial review. However, several federal judges, and the US Supreme Court, have temporarily blocked parts of the Trump administration’s deportation efforts, requiring authorities to give detainees an opportunity to contest their designation.
The Justice Department did not immediately response to a request for comment.
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