President Donald Trump invoked the 227-year-old Alien Enemies Act to justify mass deportations of Venezuelan migrants linked to the Tren de Aragua gang, claiming Joe Biden’s border policies enabled an “invasion” that necessitated wartime powers. This marks the first use of the law since World War II and has sparked intense legal and political controversy.
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Trump asserts the Tren de Aragua gang’s presence represents an “invasion” under the Alien Enemies Act, which allows deporting non-citizens from hostile nations without court hearings during declared wars or invasions. He argues the gang’s activity amounts to “irregular warfare” against the U.S., comparing illegal immigration to combat: “They invaded our country… This is war. In many respects, it’s more dangerous than war”. The administration designated Tren de Aragua a terrorist group in February 2025, linking it to crimes like drug trafficking and murders in cities such as Aurora, Colorado.
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A federal judge temporarily blocked the deportations hours after Trump’s March 16 proclamation, calling the move “lawless” and noting the U.S. is not at war with Venezuela. Despite the order, two deportation flights reportedly proceeded to El Salvador and Honduras, carrying over 160 migrants. The ACLU and Democracy Forward sued, arguing the act applies only to foreign governments—not non-state gangs—and requires congressional war declarations. Judge James Boasberg scheduled a March 21 hearing to assess the legality.
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The Alien Enemies Act has been used three times: during the War of 1812, World War I, and World War II (including Japanese internment). Legal experts like the Brennan Center argue invoking it peacetime is a “staggering abuse” that bypasses due process. Critics highlight Trump’s broader campaign to frame immigration as an existential threat, despite border arrests plummeting to 8,400 in February 2025—the lowest since the 1960s.
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While Trump claims Biden’s policies enabled an “invasion,” data shows Biden’s administration has matched Trump’s deportation rates (1.1 million since 2021 vs. 1.5 million under Trump). However, Biden prioritized recent border crossers and asylum restrictions, whereas Trump’s approach targets all undocumented immigrants. The administration also negotiated with Mexico and Central American nations to accept deportees, including paying El Salvador $6 million to jail 300 alleged gang members.
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This legal battle tests presidential authority to redefine “invasion” and apply wartime laws to non-military threats. If upheld, it could expand executive power to bypass immigration courts during perceived crises. The outcome may influence Trump’s broader agenda to deport millions if reelected, despite logistical hurdles like detention capacity and international cooperation.
