In an unprecedented move, President Donald Trump has invoked the Alien Enemies Act of 1798 to deport members of the Venezuelan terrorist group Tren de Aragua, only to face immediate legal challenges.
Fox News reported that on Saturday, Trump announced the use of the Alien Enemies Act, a law dating back to 1798, which has historically been applied during times of war, such as the War of 1812 and both World Wars.
His target was the Tren de Aragua (TdA), a group designated as a terrorist organization by the Department of State on February 20. Trump's proclamation specifically directed at Venezuelan citizens associated with TdA, aimed at those 14 years and older, who are not naturalized U.S. citizens nor lawful permanent residents.
Just hours before Trump's announcement, several organizations, including the American Civil Liberties Union and Democracy Forward, filed lawsuits challenging the president's authority to use the Alien Enemies Act in this context.
Chief U.S. District Judge James Boasberg responded by issuing a temporary restraining order, specifically focusing on the immediate deportation of five Venezuelans who had been detained in the U.S. for over two weeks under Trump's new directive.
The judge's order highlighted the pressing need for a careful judicial review given the serious legal questions raised by the administration's unprecedented use of the Alien Enemies Act.
The uncertainty extended to whether two planes, possibly carrying deported Venezuelans under the new proclamation, had returned to U.S. soil. Details of their whereabouts remained unclear as of that Saturday night.
Meanwhile, the Trump administration didn’t sit back following the temporary restraining order; instead, it filed an appeal against the decision. An in-person hearing was set for the following Monday in Washington, D.C. to further address the merits of the lawsuit.
The Tren de Aragua has not only been implicated in terrorist activities but also in extensive criminal operations across the United States. In Aurora, Colorado, local police connected the group to violent crimes such as home invasions and extortion.
In July, an incident involving TdA members escalated into a shooting, resulting in the arrest of eight individuals, highlighting the dangerous influence of the group on local communities.
Further connections of TdA to broader criminal networks are evident. Their collaboration with the Cártel de los Soles, a narco-terrorism group supported by Nicolás Maduro's regime, illustrates a significant threat that extends beyond Venezuelan borders.
The regime’s involvement is further underscored by Tareck El Aissami's role, a U.S.-designated narcotics trafficker and key figure in both the state of Aragua and nationally as vice president.
In 2020, extensive charges including narcoterrorism were brought against Maduro and other members of his government, highlighting the international scope of these criminal enterprises. The White House has accused TdA of facilitating mass illegal migration to the U.S., a strategy aimed at expanding their criminal activities stateside.
Responses from advocacy groups have been sharply critical of Trump's actions. Skye Perryman, president and CEO of Democracy Forward, condemned the use of the Alien Enemies Act as part of an "authoritarian playbook," emphasizing that this move was unnecessary for law enforcement purposes and reflective of broader, more troubling trends in immigration policy.
Of course, this claim ignores the significant obstacles that Democrats at the state and local level have put up to frustrate federal immigration enforcement.
The actions of Democrats have created an unprecedented situation that requires an unprecedented response to deport millions of illegal immigrants, many of whom are a clear and present danger to public safety.
As the legal proceedings continue, the implications of this case could redefine the boundaries of executive power in immigration enforcement and signal important shifts in the U.S. approach to international crime and terrorism.