President Trump invoked the Alien Enemies Act against Venezuelan gang members, claiming national security threats. Legal challenges have been filed, arguing this act exceeds presidential authority. U.S. District Chief Judge Boasberg implemented a temporary restraining order to prevent deportations of targeted individuals while the case is heard.
On Saturday, President Trump issued a proclamation targeting members of the Tren de Aragua (TdA), a Venezuelan gang, by invoking the Alien Enemies Act (AEA). This directive mandates the apprehension and removal of Venezuelan nationals associated with TdA, which the administration claims is a ‘designated Foreign Terrorist Organization’ responsible for criminal activities including kidnappings and drug trafficking on U.S. soil.
The use of the AEA, originally enacted in 1798, marks a historic first — it is being applied without a formal declaration of war or recognition of a foreign entity as an aggressor. Historically, the AEA has been utilized sparingly, primarily during the War of 1812 and the World Wars against nationals from Japan and Germany. It grants broad powers to the president to detain and deport individuals from enemy countries during wartime or under hostile threat.
In response to the proclamation, the American Civil Liberties Union (ACLU) and Democracy Forward Foundation filed a lawsuit seeking an emergency temporary restraining order for five Venezuelan plaintiffs, highlighting concerns about potential deportation to regions where they could face severe persecution or torture. The plaintiffs argue that the application of the AEA under peacetime conditions exceeds the presidential authority, challenging the legality of these actions.
The lawsuit contends that there are significant statutory and constitutional breaches involved, particularly under the Immigration and Nationality Act, due process rights of the Fifth Amendment, and obligations to safeguard asylum seekers pursuant to international agreements. The plaintiffs emphasized that without a declared war with Venezuela, and given that TdA is not a nation, the legal justification for such action is fundamentally flawed.
U.S. District Chief Judge James Boasberg subsequently granted a temporary restraining order, restricting immigration officials from deporting certain Venezuelan individuals targeted by the proclamation for a period of two weeks. This ruling maintains that officials are barred from any transfers or deportations linked to the AEA during this time frame.
Critics of President Trump’s proclamation have termed it a risky overreach that undermines the regulatory framework of immigration law. ACLU attorney Arthur Spitzer remarked that there is no military action to warrant such an invocation of the AEA, rendering it not only unlawful but a violation of essential rights.
The recent invocation of the Alien Enemies Act by President Trump represents a notable expansion of executive power, aimed at Venezuelan nationals affiliated with TdA. However, immediate legal challenges have arisen, with arguments centering on the unconstitutionality of applying such measures in peacetime and the risk of severe consequences for the affected individuals. The situation underscores the ongoing tension between national security actions and the protection of individual rights.
Original Source: www.jurist.org
