On March 15, the Trump Administration, by way of an executive order, invoked the Alien Enemies Act in response to the activities of Tren de Aragua (TdA), a designated Foreign Terrorist Organization. This action targets Venezuelan citizens who are members of TdA and are present in the United States without lawful residency.
The Alien Enemies Act of 1798 is a historical U.S. law that grants the president the authority to detain, relocate, or deport non-citizens from countries at war with the United States. It was enacted as part of the Alien and Sedition Acts, a set of four laws passed during a period of heightened tensions with France. The act has been used during times of war, such as the War of 1812, World War I, and World War II, to manage foreign nationals deemed hostile or dangerous to national security.
The Alien Enemies Act grants the president the authority to arrest, relocate, or deport non-citizens from enemy nations during wartime. Originally, it applied only to males over 14 years old, but a 1918 amendment expanded its scope to include females.
The United States is not currently at war with any country in the classical sense of a declared war. However, it is involved in various military operations and conflicts around the world. This is the first time the Alien Enemies Act has been invoked against a non-state actor.
The proclamation declares that TdA is perpetrating an invasion of the U.S. and conducting irregular warfare. It asserts that members of TdA within the U.S. who are not naturalized or lawful permanent residents are liable to be apprehended, restrained, secured, and removed as Alien Enemies.
U.S. District Judge James Boasberg issued a temporary restraining order blocking the use of the Alien Enemies Act of 1798 to expedite the deportation of Venezuelan nationals suspected of being affiliated with the Tren de Aragua gang.
Judge Boasberg’s order was initially applied to five named plaintiffs but was expanded to cover all non-citizens in U.S. custody subject to Trump’s proclamation. The ruling questioned the legality of using the Alien Enemies Act in this context, noting that the terms “invasion” and “predatory incursion” relate to hostile acts by a nation, not a criminal organization.
In response to the ruling, two flights carrying deportees were ordered to return to the United States immediately. One flight was headed to San Salvador, El Salvador, and the other to Comayagua, Honduras. The temporary restraining order will remain in effect for at least 14 days, allowing for further litigation on the matter.
The Trump administration has appealed the decision to the D.C. Circuit Court of Appeals.
According to Reuters, the United States has removed hundreds of individuals alleged to be members of Venezuelan gangs. Salvadoran President Nayib Bukele and U.S. Secretary of State Marco Rubio confirmed on X (formerly Twitter) that the Venezuelans had been transported to and arrived in Salvador.
The Alien Enemies Act of 1798 has been used historically in several significant contexts, primarily during times of war or perceived threats to national security. Here are some key instances:
- War of 1812: The act was invoked by President James Madison against British nationals during this conflict. It allowed for the detention and potential deportation of British citizens residing in the United States.
- World War I: President Woodrow Wilson used the act to detain and deport nationals of the Central Powers (Germany, Austria-Hungary, and the Ottoman Empire). An amendment in 1918 expanded its application to include females as well as males.
- World War II: Perhaps the most infamous use of the Alien Enemies Act was during World War II. President Franklin D. Roosevelt issued proclamations to apprehend, restrain, secure, and remove Japanese, German, and Italian non-citizens. This led to the internment of over 120,000 Japanese Americans, though the internment itself was primarily facilitated by Executive Order 9066 rather than the Alien Enemies Act alone.
