President Trump speaks during a meeting with NATO Secretary General Mark Rutte in the Oval Office of the White House. On Saturday, Trump invoked a 1790s law declaring members of Tren de Aragua to be alien enemies, allowing for their immediate detention and removal from the U.S.
In a significant move to bolster immigration enforcement, President Trump has invoked the Alien Enemies Act of 1798, a rarely used law that empowers the president to detain or deport nationals from enemy nations during wartime. This marks just the fourth time in U.S. history that this act has been utilized, and the first instance since World War II.
The directive specifically targets members of Tren de Aragua, a Venezuelan prison gang, allowing for the expedited removal of all Venezuelans aged 14 and older deemed associated with the group, who are not U.S. citizens or lawful permanent residents.
The presidential action states that these individuals are “liable to be apprehended, restrained, secured, and removed as Alien Enemies.”
U.S. District Judge James Boasberg issued a ruling shortly after Trump enacted this measure, halting the administration’s ability to deport any individuals under this authority and requiring planes already en route to return.
Previously, in a case brought by civil rights organizations, Boasberg had temporarily prohibited the government from deporting five Venezuelan men for a 14-day period, with another hearing scheduled soon.
An executive order from January had already designated Tren de Aragua as a foreign terrorist organization, setting the stage for the removal of its members under the Alien Enemies Act and asserting that they pose a significant threat to national security.
This expedited removal process bypasses the traditional immigration court system, raising concerns that it could be used to target individuals regardless of their immigration status or criminal backgrounds.
“The law does not specifically limit its scope to undocumented individuals or those with criminal records,” stated a legal expert. “It operates under wartime authority, not immigration regulation.”
It remains to be seen how including minors in this action will impact ongoing legal challenges.
Trump Prepares to Reinstate Historic Law
Trump had flagged the potential use of this law since the beginning of his 2023 campaign, pledging to address migrant criminal networks directly. Immigration was a central theme throughout his campaign, along with a commitment to executing unprecedented deportation actions.
The Republican Party’s platform in the previous year pledged to invoke the Alien Enemies Act against known gang members, emphasizing a strict stance on immigration.
Trump has claimed that invoking this law grants significant power to immigration enforcement. The removals facilitated by this act would circumvent the traditional court system and enable the president to expedite the deportation process without judicial oversight.
“Under the Alien Enemies Act, the normal procedures are significantly condensed, eliminating the individual’s immediate right to contest their removal in court,” explained a former administration official.
Legal Hurdles for Implementation of the Act
The Alien Enemies Act, the last remaining of the four Alien and Sedition Acts, allows for the detention and deportation of non-citizens from nations deemed enemies during wartime. Its last invocation occurred during World War II, leading to the internment of thousands of individuals based on their nationality.
Critics argue that the legal justification for using the act to address illegal immigration will face challenges in federal courts, which have not historically recognized illegal immigration as constituting an “invasion.”
The discussion around these legal definitions continues, with advocates for immigrant rights already mobilizing against this measure and urging local authorities to limit their cooperation with immigration enforcement.
Experts caution that historical attempts to transform wartime powers into peacetime enforcement have not succeeded in court, predicting a challenging road ahead for the administration’s use of the Alien Enemies Act.
