Trump invokes wartime Alien Enemies Act of 1798 to target violent illegal immigrant street gangs
President Donald Trump invoked the Alien Enemies Act of 1798 on Saturday to target the designated foreign terrorist organization Tren de Aragua (TdA). This move comes just hours after a federal judge in Washington, D.C., ruled that the law could not be used to deport five Venezuelans. The wartime law, which allows for the deportation of natives and citizens of an enemy nation without a hearing, has only been invoked three times in history, during the War of 1812, World War I, and World War II.
According to a proclamation issued by the President, all Venezuelan citizens 14 years or older who are members of TdA, are within the U.S., and are not naturalized or lawful permanent residents may be apprehended, restrained, secured, and removed as “alien enemies.” This action comes as reports indicate that alleged members of the Tren de Aragua gang have taken over an apartment building in Aurora, Colorado, charging rent in exchange for “protection.”
However, just hours before the act was signed, a lawsuit was filed by the American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia, arguing that the proclamation could lead to the deportation of any Venezuelan in the country, regardless of their affiliation with TdA. Chief U.S. District Judge James E. Boasberg of the D.C. Circuit granted a temporary restraining order preventing the deportation of the five Venezuelans already in immigration custody for two weeks.
The Trump administration has appealed the restraining order, claiming it is improper to delay a presidential act before it is announced. A second hearing is scheduled to determine if the order should be broadened to protect all individuals at risk of removal under the act. Critics of the President’s actions have raised concerns about the use of wartime authority without the country being at war or invaded.
The Tren de Aragua gang, designated a foreign terrorist organization by the Department of State, has been linked to thousands of members who have allegedly infiltrated the United States to engage in hostile actions. Colorado officials have confirmed the gang’s presence in Aurora, prompting the establishment of a special task force to address its criminal activities.
The White House has stated that TdA operates in collaboration with Cártel de los Soles, a narco-terrorism enterprise sponsored by the Nicolás Maduro regime in Venezuela. The gang is involved in various criminal activities, including murders, kidnappings, extortion, and human, drug, and weapons trafficking. Their activities have escalated under the leadership of Tareck El Aissami, who served as governor of Aragua between 2012 and 2017 and was later appointed vice president of Venezuela.
In response to the escalating threat posed by TdA, President Trump has fulfilled a campaign promise to combat the gang using the Alien Enemies Act of 1798. The situation remains fluid, with ongoing legal battles and concerns about the implications of invoking wartime authority in the absence of a formal declaration of war. The impact of these actions on the Venezuelan community in the U.S. and the broader implications for immigration enforcement continue to be hotly debated.
