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Sunday, Mar 16, 2025

Trump Invokes 18th-Century Alien Enemies Act for Deportation of Venezuelans

Trump Invokes 18th-Century Alien Enemies Act for Deportation of Venezuelans

U.S. President Donald Trump's proclamation seeks to expedite the removal of five Venezuelan nationals under a controversial wartime law amid ongoing legal challenges.
In a significant move, President Donald Trump has invoked the Alien Enemies Act of 1798 to facilitate the deportation of five Venezuelan nationals from the United States.

This proclamation, issued by the White House, claims that the Tren de Aragua (TdA) gang is a designated Foreign Terrorist Organization with thousands of members who, according to the administration, have unlawfully infiltrated the U.S. and are engaged in hostile actions.

This action arises in a context already complicated by legal challenges.

Just hours before Trump's proclamation, U.S. District Judge James Boasberg temporarily restrained the administration from utilizing the Alien Enemies Act for the deportation of these Venezuelans.

Boasberg's order, effective for 14 days, was issued in light of urgent circumstances that were brought to the court's attention.

The judge indicated that maintaining the current status quo was necessary until a hearing could be arranged.

The temporary restraining order followed a lawsuit filed by the American Civil Liberties Union (ACLU) and Democracy Forward, which argued that the invocation of the Alien Enemies Act was unlawful.

The plaintiffs emphasized that historically, the act has been invoked during wartime—specifically during the War of 1812, World War I, and World War II—and contended that it cannot be applied against the nationals of countries with which the U.S. is not officially at war.

According to the lawsuit, the Trump administration’s proclamation would enable agents to deport noncitizens without judicial review, thereby bypassing critical legal safeguards typically afforded under immigration law.

A remote hearing is scheduled, where the ACLU and Democracy Forward intend to request the expansion of the temporary restraining order to protect all individuals potentially at risk of removal under the act.

President Trump previously designated the Tren de Aragua gang as a foreign terrorist organization, framing its activities as an invasion of the United States.

This characterization has raised alarms among civil rights advocates, who assert that the unlawful application of the Alien Enemies Act during peacetime could accelerate mass deportations, undermining existing immigration laws and protections.

The Alien Enemies Act permits the president to detain or deport individuals based on their nationality, including those who may have renounced their citizenship in their home countries.

It has a controversial history, including the internment of over 31,000 individuals during World War II, primarily those of Japanese, German, and Italian descent, during a time of intense national security concerns.

Advocates for immigrant rights have expressed significant concerns regarding the misuse of this act.

Juliana Macedo do Nascimento, deputy director of federal advocacy for United We Dream, remarked that characterizing migrants as terrorists perpetuates harmful narratives that inaccurately describe the dynamics of migration and security.

Trump's long-standing rhetoric has framed the increasing number of migrants at the southern border as an invasion, reinforcing calls for exercising the Alien Enemies Act.

On his inauguration day, he directed various government departments to prepare for expedited removals relating to individuals identifiable under this act.

While some policymakers have championed the use of the Alien Enemies Act in response to concerns over illegal immigration, organizations advocating for immigrants highlight that existing laws provide significant tools for enforcement and deportation without invoking this centuries-old wartime legislation.

They argue that applying this act in contemporary contexts may contribute to dangerous and unjust classifications of immigrants.
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