President Donald Trump invoked the Alien Enemies Act on Saturday, aiming to exercise extensive authority to deport individuals linked to a Venezuelan gang. This marks the first instance of using the act since World War II. However, shortly after the announcement, a federal judge temporarily halted these deportations.
The Alien Enemies Act provides a wartime framework that enables the deportation of non-citizens without trial in immigration or federal courts. During his presidential campaign, Trump frequently suggested he might assert such extraordinary powers to tackle immigration issues. On his first day in office, he further solidified this stance through executive orders.
In a statement, Trump labeled the Venezuelan Tren de Aragua gang as an invasion force, justifying his use of the Alien Enemies Act. U.S. District Judge James E. Boasberg, a nominee of President Barack Obama, imposed a two-week block on deportations under this proclamation. A hearing is scheduled for arguments on the matter.
The Alien Enemies Act has roots dating back to 1798, designed during a period of tension with France, offering the president the power to detain and expel non-citizens during wartime. Historically, it has been applied during the War of 1812, World War I, and World War II. Its use during World War II supported the internment of individuals of German, Italian, and especially Japanese descent, impacting around 120,000 people of Japanese heritage, some of whom were U.S. citizens.
The situation intensified following a lawsuit by the American Civil Liberties Union and Democracy Forward on late Friday, addressing the potential deportation of five Venezuelan men detained in Texas under the act. Judge Boasberg’s injunction sparked an appeal from the Justice Department. Concurrently, the Trump administration brokered a deal with El Salvador, offering $6 million to detain approximately 300 alleged members of the Tren de Aragua gang for one year. This agreement emerged from discussions between El Salvador’s President, Nayib Bukele, and U.S. Secretary of State Marco Rubio. Since 2022, Bukele’s administration has detained over 84,000 individuals, often bypassing due process, in an effort to curb gang violence.
According to ACLU attorney Lee Gelernt, two deportation flights may have already occurred — one to El Salvador and the other potentially to Honduras. Judge Boasberg indicated any outbound flights would need to reverse course and return to the U.S.
Despite Trump’s invocation of wartime powers, the U.S. is not currently at war. Trump contends an “invasion” of illegal immigrants is happening, a claim often cited by his supporters. In recent years, arrests at the U.S.-Mexico border skyrocketed under President Joe Biden, exceeding 2 million annually before drastically decreasing this year.
Trump emphasizes using the Alien Enemies Act as part of his strategy against immigration, pledging to wield federal and state law enforcement to dismantle foreign criminal networks threatening U.S. security. Critics argue that Trump’s application of the act is misplaced, targeting non-state entities rather than foreign nations. Legal experts warn that using the act in peace time bypasses typical legal procedures, conflicting with principles of equal protection and due process.
Trump’s assertion that illegal immigration constitutes an invasion is highly contentious. While highlighting the criminal elements among illegal immigrants, the reality is that criminals represent only a minority of this population. Trump claimed the Tren de Aragua gang is engaging in an “irregular warfare” against the U.S. under Venezuelan President Nicolas Maduro. The gang originated in Venezuela amid significant economic turmoil that prompted a mass emigration seeking better lives.
In response, the Trump administration categorized Tren de Aragua along with other Latin American crime organizations as “foreign terrorist organizations” to intensify scrutiny on those supporting these cartels. This move is purportedly to justify treating the gang’s U.S. activities as a limited invasion. While the Congressional Research Service notes this approach as novel, it is yet to be legally evaluated. The Venezuelan government has not regularly accepted deportees from the U.S., with only sporadic exceptions. Recently, around 350 individuals were returned to Venezuela, including some who were held at the U.S. naval base in Guantanamo Bay, Cuba.
