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Claiming the United States is being invaded by a Venezuelan gang, President Donald Trump on Saturday invoked the Alien Enemies Act of 1798, a sweeping wartime authority that grants the president broader leeway to expedite mass deportations. This move could accelerate his promised crackdown on immigration.
Trump’s declaration targets Tren de Aragua, asserting that the gang is a hostile force operating at the behest of Venezuela’s government. The announcement coincided with a federal judge in Washington barring the administration from deporting five Venezuelans under the expected order, signaling the legal battles ahead. The judge was set to consider expanding the deportation prohibition shortly after Trump’s announcement.
“Over the years, Venezuelan national and local authorities have ceded ever-greater control over their territories to transnational criminal organizations, including TdA,” Trump’s statement reads. “The result is a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States, and which poses a substantial danger to the United States.”
The Alien Enemies Act was last used during the internment of Japanese-American civilians in World War II and has only been invoked twice before in U.S. history—during World War I and the War of 1812. Trump justified its use by alleging that Tren de Aragua has ties to Venezuelan President Nicolás Maduro’s regime.
Tren de Aragua, which originated in a Venezuelan prison, has become a focal point in Trump’s immigration rhetoric. The gang accompanied an exodus of millions of Venezuelans fleeing economic collapse, and Trump formally designated it a “foreign terrorist organization” last month.
Immigration groups anticipated Trump’s use of the act, leading to a preemptive lawsuit filed by the American Civil Liberties Union and Democracy Forward on behalf of five Venezuelans facing deportation.
James E. Boasberg, chief judge of the D.C. Circuit, issued a temporary restraining order preventing the deportation of the five individuals for 14 days, stating it was necessary “to preserve the status quo.” He scheduled a hearing to determine if the order should extend to all Venezuelans in the U.S.
The Trump administration quickly appealed the restraining order, arguing that halting a presidential act before its announcement would undermine the executive branch. The Justice Department contended that allowing such orders could disrupt urgent national security actions, including drone strikes or terrorist captures.
The legal clash underscores the controversial nature of the Alien Enemies Act, which could grant Trump significant power to bypass standard criminal and immigration protections to deport individuals deemed members of Tren de Aragua.
The White House is preparing to transfer approximately 300 alleged gang members to detention facilities in El Salvador.
