The March 14 directive, signed by Attorney General Pam Bondi, uses an obscure 18th-century law — the Alien Enemies Act of 1798 — to give law enforcement nationwide the power to bypass basic constitutional protections.
According to the memo, agents can break into a home if getting a warrant is “impracticable,” and they don’t need a judge’s approval. Instead, immigration officers can sign their own administrative warrants. The bar for action is low — a “reasonable belief” that someone might be part of a Venezuelan gang is enough.
The law nerd in me is intrigued by the idea of a Third Amendment issue arising in the wild.
The citizen in me is horrified that they’d even fucking try.
The 4th Amendment, against unreasonable search & siezure is the more appropriate one. The 3rd prohibits the government from forcing people to house soldiers. Its very rarely invoked, and SCOTUS has never ruled on it.
The 4th has been litigated often, and it REQUIRES probable cause, and a warrant signed by a judge. This nonsense is a blatant violation, and will not pass SCOTUS.