In a striking and rare move, President Donald Trump on Saturday utilized the Alien Enemies Act of 1798, a historical piece of legislation with its roots deep in the early years of the United States, to order the prompt detention and deportation of any and all Venezuelan migrants suspected to be members of the notorious Tren de Aragua prison gang. This action essentially treats these individuals as if they were wartime enemies of the U.S. government, a highly unusual step in the realm of immigration policy.
The proclamation made by President Trump is based on his assertion that the Venezuelan gang is “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.” This statement satisfies the legal criteria required for invoking the 227-year-old war authority, a law enacted just 22 years after the Declaration of Independence.
The authority of this act is immense, allowing the president to “apprehend, restrain, secure, and remove every” Venezuelan migrant aged 14 or older believed to be affiliated with Tren de Aragua and who does not hold U.S. citizenship or permanent residency. In essence, Trump’s directive grants the Departments of Homeland Security and Justice the power to execute these orders.
The use of this law, however, bypasses many of the protections afforded by U.S. immigration law, including opportunities to appear before a judge and request asylum. Instead, these individuals can be summarily arrested, detained, and deported, treated as enemy aliens and processed under the U.S.’s wartime laws. Such a bold move is a testament to the magnitude of the perceived threat posed by the Tren de Aragua gang.
However, Trump’s directive faced an almost immediate setback late on Saturday when a federal judge agreed to block the government from deporting anyone in U.S. immigration custody subject to the president’s Alien Enemies Act proclamation. This ruling came in response to a lawsuit filed by the American Civil Liberties Union (ACLU), an organization known for its advocacy for individual rights and liberties.
Following the ACLU’s request, James Boasberg, chief judge for the U.S. District Court in Washington, D.C., issued a 14-day temporary restraining order, effectively blocking the immediate deportation of those impacted by the president’s directive. He further indicated during a Saturday evening hearing that any deportation flights currently in the air carrying deportees affected by Trump’s decree should return to U.S. soil.
Earlier on Saturday, Boasberg issued another order, this time blocking the deportation of five Venezuelan migrants in immigration detention, who, according to the ACLU, were at risk of being expelled under Trump’s directive.
“We are thrilled the judge recognized the severe harm our plaintiffs would face if removed,” said Lee Gelernt, the ACLU attorney leading the lawsuit against Trump’s proclamation. Gelernt went on to label the president’s use of the Alien Enemies Act as “flat out lawless.”
The Attorney General Pam Bondi, in a statement responding to the ruling, expressed dismay, saying, “Tonight, a DC trial judge supported Tren de Aragua terrorists over the safety of Americans. TdA is represented by the ACLU. This order disregards well-established authority regarding President Trump’s power, and it puts the public and law enforcement at risk.”
The extraordinary nature of Mr. Trump’s order is breathtaking in its scope and has little precedent in U.S. history. The centuries-old statute has been invoked only a handful of times in American history, including during World War I and World War II, when U.S. officials cited it to surveil and detain foreigners from Italy, Germany, and Japan.
However, never before has the Alien Enemies Act been invoked to target migrants from countries with which the U.S. is not actively at war. Furthermore, it has never been used with the premise that a non-state actor, such as a gang or criminal organization, is staging an invasion or incursion on the U.S.
In his order, Trump argued that the Tren de Aragua is “closely aligned” with the repressive government of Venezuelan President Nicolas Maduro, suggesting a deeper political motive behind the gang’s alleged activities. He further stated that “(Tren de Aragua) has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States.”
This story continues to develop, as the legal and political implications of Trump’s directive play out in the courts and in the court of public opinion. As it stands, the use of the Alien Enemies Act in this context presents a significant departure from historical precedent and raises many questions about the future of immigration policy and the scope of presidential power.
