Claiming the United States is facing an “invasion” by a Venezuelan gang, President Donald Trump on Saturday invoked the Alien Enemies Act of 1798. This rare move grants the president expanded authority to accelerate mass deportations, potentially intensifying his already aggressive immigration policies.
Trump’s order specifically targets Tren de Aragua, a transnational gang that he argues operates under Venezuela’s government. His decision came on the same day a federal judge in Washington blocked the deportation of five Venezuelans under the measure, signaling an impending legal showdown.
“The Venezuelan government has allowed criminal organizations, including TdA, to take control of its territories,” Trump’s statement read. “This has led to a hybrid criminal state that is invading the United States and threatening national security.”
The Alien Enemies Act was last invoked during World War II and has been used only twice before, during World War I and the War of 1812. Trump insists that his decision is justified, alleging that Tren de Aragua is linked to Venezuelan President Nicolás Maduro’s regime.
The gang originally formed in a Venezuelan prison and spread globally as millions fled the country due to economic collapse. Trump’s administration designated Tren de Aragua a “foreign terrorist organization” last month, making it a focal point of his immigration crackdown.
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Despite claims by Venezuela’s government that the gang has been dismantled, authorities across multiple nations have reported arrests of its members.
Trump’s decision to invoke the historic law was anticipated, prompting an immediate lawsuit from immigration advocacy groups, including the American Civil Liberties Union and Democracy Forward. They filed on behalf of five Venezuelans whose deportation cases were suddenly expedited.
James E. Boasberg, chief judge of the D.C. Circuit, issued a temporary restraining order, preventing the deportation of the five Venezuelans for 14 days. He stated that his ruling was necessary “to preserve the status quo.”
Boasberg scheduled a hearing to determine whether the ban should be extended to protect all Venezuelans facing deportation under Trump’s directive. Within hours, the Trump administration appealed the ruling, arguing that such legal blocks could undermine national security.
“The district court’s decision could allow judges to halt critical national security actions before they even take effect,” the Justice Department warned in its appeal. They argued that similar rulings could obstruct drone strikes, intelligence operations, and anti-terror efforts.
Trump’s use of the Alien Enemies Act grants him vast power to remove undocumented individuals from the country. His administration argues that the gang’s presence justifies bypassing standard legal protections, enabling rapid deportations.
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The White House is already planning to relocate around 300 suspected gang members to detention centers in El Salvador. However, ongoing legal battles could determine the extent to which Trump can implement his sweeping immigration crackdown before the upcoming election.
