On Saturday, President Donald Trump claimed that the United States was facing an invasion from a Venezuelan gang, invoking the Alien Enemies Act of 1798. This extensive wartime authority grants the president increased flexibility regarding policy and executive measures to expedite the mass deportation of individuals, potentially intensifying his anticipated immigration crackdown.
Trump’s announcement specifically targets Tren de Aragua, alleging that it acts as a hostile entity under the directives of Venezuela’s government. This declaration coincided with a federal judge in Washington prohibiting the administration from deporting five Venezuelans in light of the forthcoming order, signaling the legal confrontations that may arise from Trump’s actions. The judge was set to reassess the extension of this deportation ban shortly after Trump’s afternoon proclamation.
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According to Trump’s statement, “Venezuelan national and local authorities have gradually relinquished control over their territories to transnational criminal organizations, including TdA. The outcome is a hybrid criminal state that is inciting an invasion and predatory incursion into the United States, posing a significant threat to the nation.”
The act was most recently employed during World War II for the internment of Japanese-American civilians and has only been used twice before in U.S. history, during World War I and the War of 1812. In his declaration, Trump asserted that the use of the act is warranted because he believes the Tren de Aragua gang has connections to Venezuelan President Nicolas Maduro’s regime, a recurring theme on the campaign trail.
While campaigning for president, Trump hinted at the potential use of this act, leading immigration advocates to prepare for its activation. This anticipation resulted in an unusual lawsuit filed ahead of Trump’s declaration becoming public. The American Civil Liberties Union and Democracy Forward brought forth the suit on behalf of five Venezuelans whose deportation cases had shifted towards immediate action.
Chief Judge James E. Boasberg of the D.C. Circuit agreed to issue a temporary restraining order preventing the deportation of these five Venezuelans, who were already in immigration custody and believed they were on the verge of being deported. Boasberg noted that his ruling aimed to “preserve the status quo.” He scheduled a hearing later that afternoon to determine whether his order should extend to protect all Venezuelans residing in the United States.
Subsequently, the Trump administration appealed the initial restraining order, arguing that stopping a presidential action before its official announcement would hinder the executive branch’s capacity.
The Justice Department asserted in its appeal that if the order were upheld, “district courts would have the authority to block nearly any urgent national-security action upon receiving a complaint,” potentially leading to temporary restraining orders against drone strikes, sensitive intelligence operations, or arrests and extraditions of terrorists. The department maintained that the court “should halt that trajectory immediately.”
The rapid influx of litigation underscores the contentious nature of the act, which could bestow Trump with extensive powers to deport undocumented individuals. It could allow him to circumvent certain legal protections typically associated with criminal and immigration laws, enabling swift deportations of individuals the administration designates as gang members.
Additionally, the White House has classified Tren de Aragua as a terrorist organization and is in the process of transferring approximately 300 individuals identified as gang members to detention facilities in El Salvador.
