AG Memo re: Enforcement of Alien Enemies Act

Check out this March 14, 2025 memo March 14, 2025 memo from the U.S. Attorney General titled GUIDANCE FOR IMPLEMENTING THE ALIEN ENEMIES ACT.

For those keeping track of timing, this memo PRE-DATES (by one day) publication of President Trump’s Executive Order Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua.

The memo also PRE-DATES (by one day) the departure of flights of Venezuelan men to El Salvador for imprisonment at the notorious CECOT.

The memo outlines a process for “line officers” to fill out forms identifying individuals as deportable under the Alien Enemies Act and to get a supervisor to complete an administrative warrant. See 2.A.i-ii.

The memo also expressly considers not following that process, noting “officers in the field are authorized to apprehend aliens upon a reasonable belief that the alien meets all four requirements to be
validated as an Alien Enemy.” That is, without filling out the required forms or getting an administrative warrant. See 2.B.

Also, check out the table called Validation Evaluation on page 9. You can see how individuals are identified as members of Tren de Aragua including, as many news outlets have covered, “Subject has tattoos denoting membership/loyalty to TDA.”

-KitJ