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The United States Government establishes an explicit regulation on bank accounts. Every year, all taxpayers are required to complete specific procedures to report their economic activity and financial assets.

Otherwise, those who do not comply with the regulations risk facing serious consequences, including the seizure of assets and the freezing of bank accounts.

The Government Will Seize Assets and Freeze Bank Accounts

President Donald Trump’s “Return Home” policy aims to seize bank accounts, vehicles, and property from individuals in illegal immigration. This strategy seeks to discourage unauthorized stay in the country and reduce the resources available to those who entered without permission.

This measure is part of the zero-tolerance policies that the current government has implemented in the immigration area.

Although the seizure of criminals’ assets is not a new practice in the United States, its broad application to immigrants based on their immigration status would require the creation of new laws or reinterpretations of civil and criminal law.

Is the Seizure of Property and Bank Accounts Without a Court Order Legal?

The Supreme Court established that all people in U.S. territory, regardless of their immigration status, are protected under the Fourth Amendment of the Constitution, which prohibits “unreasonable” searches and seizures without a court order or probable cause.

In the United States, irregular immigration status does not constitute a criminal offense; rather, it is classified as a civil violation. Therefore, the confiscation of assets solely for this reason, in the absence of any criminal conduct, has no legal basis under the Constitution or within the framework of due process.

For this reason, everything suggests that, if Donald Trump’s government tries to move in this direction, a fierce legal battle will erupt.