Trump’s Use of Alien Enemies Act Blocked by Federal Judge

I don't know who this is, man in suit with thumbs up.

President Donald Trump’s invoked a centuries-old law to deport members of a notorious Venezuelan gang, but was blocked by a judge from doing so shortly after.

Quick Takes

  • Trump invoked the Alien Enemies Act of 1798 to deport Tren de Aragua gang members.
  • The act could fast-track deportations and bypass typical judicial processes.
  • The Venezuelan gang is designated a terrorist organization by the Trump administration.
  • Judge James Boasberg blocked Trump from using wartime powers to continue deportations of the gang members.
  • The Department of Defense is preparing Guantanamo Bay to potentially detain dangerous individuals.

Trump’s Strategy Under the Alien Enemies Act

President Trump invoked the Alien Enemies Act of 1798 in an attempt to accelerate the deportation of criminal aliens tied to Tren de Aragua. This law, typically reserved for wartime situations, allows the president to deport non-citizens from hostile countries. Trump aimed to apply it to bring swift justice against the gang’s members, however, only shortly after invoking the law, a federal judge named James Boasberg blocked the president from doing so.

Tren de Aragua’s Notoriety

Tren de Aragua, a Venezuelan-originated transnational gang, has expanded its reach across South America. This gang is responsible for severe crimes including kidnappings, extortion, and targeted killings, threatening U.S. security. The administration has designated the group as a foreign terror organization, justifying the use of the Alien Enemies Act to deport five Venezuelan nationals of the notorious gang.

Potential Use of Guantanamo Bay

Speculation about using Guantanamo Bay Naval Base for detaining these gang members is fueled by its capacity to hold dangerous individuals. The Department of Defense is reportedly preparing the facility to house up to 30,000 illegal aliens. The focus will be on apprehending the most perilous criminals affiliated with this gang.

“TdA is a transnational organization that originated in Venezuela with cells in Colombia, Peru, and Chile, with further reports of sporadic presence in Ecuador, Bolivia, and Brazil. This brutal criminal group has conducted kidnappings, extorted businesses, bribed public officials, authorized its members to attack and kill U.S. law enforcement, and assassinated a Venezuelan opposition figure,” noted Trump’s State Department.

This strategy has its critics, who argue that utilizing the Alien Enemies Act during peacetime could face significant legal challenges. The act is chiefly designed for countries actively at war with the U.S., which Venezuela is not. Four Democratic senators have expressed their concern, arguing that no invasion or war with migrants exists.

A Complex Political Strategy

Despite Judge Boasberg’s blocking the Trump Administration from invoking this act to tackle Tren de Aragua, the administration remains steadfast, continuing to argue that these actions are necessary to combat foreign criminal networks on U.S. soil. Deportations under this act would prioritize removing criminal elements without traditional court procedures, thus streamlining the process. “By invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to U.S. soil, including our cities and inner cities,” said Trump.

Aurora, Colorado, an area targeted due to the gang’s presence, has seen the arrest of several members recently. Whether this legal maneuver will effectively curb gang activity remains a point of contention, but Trump’s actions signal a robust stance on maintaining U.S. security.

Sources

1. Trump Expected To Invoke Wartime Powers To Deport Illegal Tren de Aragua Members

2. Trump to use ‘Alien Enemies Act’ to supercharge deportations, target gang