I'm not sure why this is filed under opinion and very hard to find on their site. All facts.
Portions of the memo:
For purposes of this guidance memorandum, an "Alien Enemy" under the Proclamation and 50 U.S.C. § 21 is a person who is: (1) fourteen years of age or older; (2) not a citizen or lawful permanent resident of the United States; (3) a citizen of Venezuela; and ( 4) a member of the hostile enemy Tren de Aragua, as determined by reference to Form AEA-21A, titled, "Alien Enemies Act: Alien Enemy Validation Guide," attached to this memorandum.
(2) Removal of Alien Enemies
All aliens who are determined to be Alien Enemies under the Proclamation and 50 U.S.C. § 21 shall be issued a.Notice and Warrant of Apprehension and Removal under the AEA and removed from the United States, except as provided in section (8) of this memorandum. In effectuating the removal of Alien Enemies, law enforcement officers and agents ("officers") must follow the procedures below.
A. Apprehension and Removal Procedures in Proactive Matters i. Step 1: Validation of Alien Enemy Status and Execution of Form AEA-21A At Step 1 of the proactive AEA apprehension and removal procedures, a line officer, or any other available officer ("line officer"), is responsible for determining whether an individual qualifies as an Alien Enemy. As outlined above, that requires determining that an individual is:
- (1) at least fourteen years ofage;
- (2) not a citizen or lawful permanent resident of the United States;
- (3) a citizen of Venezuela; and
- (4) a member ofTren de Aragua.
As outlined in that form, there may be instances where removal proceedings under the Immigration and Nationality Act ("INA") would be more appropriate based upon a review of the facts of the case than removal under the AEA. Line officers should adhere to the instructions in Form AEA-21A, including consulting with their supervisor(s) and the Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, in making such a determination.
As much as practicable, officers should follow the proactive procedures above—and have an executed Warrant of Apprehension and Removal—before contacting an Alien Enemy,” the memo reads. “However, that will not always be realistic or effective in swiftly identifying and removing Alien Enemies.… An officer may encounter a suspected Alien Enemy in the natural course of the officer’s enforcement activity, such as when apprehending other validated members of Tren de Aragua. Given the dynamic nature of enforcement operations, 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. This authority includes entering an Alien Enemy’s residence to make an AEA apprehension where circumstances render it impracticable to first obtain a signed Notice and Warrant of Apprehension and Removal” (emphasis added).
https://www.documentcloud.org/documents/25915967-doj-march-14-memo-alien-enemies-act/#document/p1