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The Trump administration made it clear over the weekend that it is taking a firm stance on deporting dangerous illegal aliens and addressing judicial overreach.
Wartime Measure
On his first day in office, President Donald Trump issued an executive order directing his secretary of state to designate Tren de Aragua and MS-13 as foreign terrorist organizations, along with other groups threatening U.S. security. Trump also instructed the attorney general and secretary of homeland security to prepare for the implementation of the Alien Enemies Act if necessary.
Last month, Secretary of State Marco Rubio designated nine gangs and cartels, including Tren de Aragua and MS-13, as terror groups. On Saturday, Trump invoked the Alien Enemies Act of 1798, citing the need to address an “invasion or predatory incursion” by Tren de Aragua (TdA) against the U.S.
The law allows the president to apprehend, detain, and remove male citizens of a hostile nation or group aged 14 and older who are in the U.S. and not naturalized. Trump declared that TdA, with ties to Venezuela’s Maduro regime, is conducting hostile actions against the U.S.
“TdA is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States,” Trump stated. He added that Venezuelan citizens aged 14 or older who are TdA members and not lawful permanent residents are subject to removal as alien enemies.
When asked if the law’s use was appropriate outside of wartime, Trump responded, “Well, this is a time of war.” He criticized the Biden administration for allowing criminals to enter the U.S., calling it an invasion.
Obama Judge’s Response
Hours after Trump invoked the Alien Enemies Act, U.S. District Judge James Boasberg, an Obama appointee, issued a temporary halt to deportations in response to a lawsuit by the ACLU and Democracy Forward. However, two planes carrying alleged Tren de Aragua members had already departed for El Salvador and Honduras.
Boasberg ordered the planes to return to the U.S., stating, “Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States.”
El Salvadoran President Nayib Bukele mocked the order, tweeting, “Oopsie… Too late,” and shared footage of the alleged terrorists being transferred to a detention center.
Administration’s Response
Critics accused the Trump administration of defying the court order, but White House press secretary Karoline Leavitt clarified that the order was issued after the individuals had already been removed from U.S. territory. She emphasized that federal courts generally lack jurisdiction over the president’s foreign affairs powers and his authority to remove alien terrorists.
“If the Democrats want to argue in favor of turning a plane full of rapists, murderers, and gangsters back to the United States, that’s a fight we are more than happy to take,” Leavitt said.
In a court filing, government attorneys noted that the individuals were removed before Boasberg’s order and stated that the administration would continue to protect the U.S. using other authorities if necessary.
Despite the administration’s compliance with the law, critics like Georgetown Law professor Steve Vladeck argued that the administration violated the “spirit” of the order, urging future courts to be more specific in their directives.
