Trump Uses 18th-Century Law to Speed Up Deportations, Judge Blocks It

President Donald Trump recently invoked the Alien Enemies Act of 1798 to expedite the deportation of Venezuelan nationals associated with the gang Tren de Aragua. This unprecedented move was swiftly challenged in court, resulting in a temporary block by a federal judge.

Invoking the Alien Enemies Act

On Saturday, President Trump declared that the United States is facing an invasion by the Venezuelan gang Tren de Aragua, which has been designated as a Foreign Terrorist Organization. To address this threat, he invoked the Alien Enemies Act of 1798, a law historically used during wartime to detain and deport foreign nationals deemed a threat to national security.

Historical Context of the Act

The Alien Enemies Act grants the president authority to detain and deport non-citizens from hostile nations without due process. Notably, it was used during World War II to justify the internment of Japanese Americans. This marks the first time in decades that the act has been invoked, raising concerns among civil liberties organizations.

Immediate Legal Challenges

Hours after the proclamation, a federal judge issued a temporary restraining order blocking the deportation of five Venezuelan nationals under the act. Civil liberties groups, including the American Civil Liberties Union (ACLU), argue that the act cannot be applied to individuals from countries with which the U.S. is not officially at war. They contend that using this law circumvents established immigration procedures and due process rights.

Government’s Stance

The Trump administration maintains that the invocation of the Alien Enemies Act is a necessary response to the security threat posed by Tren de Aragua. By designating its members as enemy aliens, the administration seeks to expedite their removal from the country to protect national security.

Ongoing Legal Proceedings

The temporary restraining order is effective for 14 days, during which further hearings will determine the legality of using the Alien Enemies Act in this context. This legal battle underscores the tension between national security measures and the protection of individual civil liberties.

As the situation develops, it highlights the complexities of addressing modern security threats within the framework of laws enacted centuries ago.