President Donald Trump utilized the Alien Enemies Act on Saturday for the first time since World War II, granting himself extensive powers under an ancient law to expel individuals linked to a Venezuelan gang. Shortly after, a federal judge put a stop to deportations under Trump’s directive. The act, a broad wartime authority, allows non-citizens to be deported without the chance to appear before an immigration or federal court. Trump had hinted during his campaign that he would assert exceptional powers to tackle illegal immigration and had laid the groundwork through executive orders on January 20. His proclamation on Saturday identified Venezuela’s Tren de Aragua gang as an invading force. U.S. District Judge James E. Boasberg, appointed by President Barack Obama, halted deportations under Trump’s announcement for two weeks and scheduled a hearing for the following Friday to hear arguments.
The Alien Enemies Act, dating back to 1798, was established as the U.S. prepared for a potential conflict with France to address concerns that immigrants might sympathize with the French. The act empowers the president to detain and deport non-citizens during wartime. It has only been used three times before: during the War of 1812, World War I, and World War II, where it played a role in the mass internment of individuals of German, Italian, and Japanese descent during the war.
The American Civil Liberties Union and Democracy Forward sued Trump in federal court in Washington, D.C., on Friday to prevent the deportation of five Venezuelan men detained in Texas under the Alien Enemies Act. Boasberg’s ruling blocked their removal, leading to an immediate appeal by the Justice Department. Simultaneously, the Trump administration reached an agreement with El Salvador to detain approximately 300 alleged members of the Tren de Aragua gang for a year in exchange for $6 million. Talks between El Salvador’s President Nayib Bukele and U.S. Secretary of State Marco Rubio led to this agreement, involving the housing of migrants in El Salvador’s prisons known for harsh conditions.
Despite not being at war, Trump and his supporters have argued that the U.S. faces an “invasion” of individuals entering the country illegally, citing high numbers of apprehensions at the U.S.-Mexico border. Trump viewed the Alien Enemies Act as a crucial tool in his efforts to curb illegal immigration.
In a declaration reminiscent of the Alien Enemies Act of 1798, President Trump vowed to deploy the full force of federal and state law enforcement to eradicate foreign gangs and criminal networks causing havoc on U.S. soil. Emphasizing his role as commander in chief, he underscored his duty to protect the nation from external threats.
Critics argue that Trump is misusing the act by targeting non-state entities instead of foreign governments. The Brennan Center for Justice criticized the administration’s use of the act in peacetime as an alarming abuse, contending that it contradicts longstanding legal norms.
The question arises: Is illegal immigration tantamount to an invasion? This argument, put forth by Trump, is uncharted territory. While the president has highlighted the influence of Latin American criminal organizations in the U.S., the majority of undocumented individuals in the country are not involved in criminal activities.
Trump recently labeled Tren de Aragua as engaging in an invasion against the U.S., linking the gang’s actions to Venezuelan President Nicolas Maduro. Originating in a lawless prison in central Venezuela, Tren de Aragua accompanied the mass exodus of Venezuelans seeking better opportunities amid their nation’s economic turmoil.
Designating Tren de Aragua and other Latin American crime groups as foreign terrorist organizations, the Trump administration aimed to intensify pressure on cartels operating in the U.S. and those supporting them. The possibility of framing the gang’s activities as a form of limited invasion through the foreign terrorist designation is a novel concept, as noted by the Congressional Research Service.
While the Venezuelan government rarely repatriates its citizens from the U.S., recent deportations have included individuals who were held at Guantanamo Bay for a period. The situation remains complicated and evolving, with potential legal and diplomatic implications.
