President Trump invoked the Alien Enemies Act to target Venezuelan nationals linked to Tren de Aragua, citing alleged terrorist activities. This unprecedented use of the AEA without a formal war declaration has faced legal opposition from the ACLU and others, who argue it violates due process and existing immigration laws. A temporary restraining order has been granted to halt the deportations while challenges are resolved.
On Saturday, the White House released a proclamation by President Trump that targets members of the Tren de Aragua (TdA), ordering the immediate apprehension and removal of Venezuelan nationals linked to the group. This directive characterizes TdA as a “designated Foreign Terrorist Organization,” asserting that it engages in an “invasion” and “irregular warfare” on American soil.
The proclamation cites extensive alleged criminal activities by TdA, including kidnappings, extortion, and drug trafficking, claiming that they have invaded and continue to threaten the United States. This invocation of the 1798 Alien Enemies Act (AEA) represents a significant legal precedent, as it is the first instance where a president has employed the AEA without declaring war or identifying a recognized foreign government as the aggressor. Historically, the AEA has been invoked sparingly against enemy citizens during wartime.
In response to the proclamation, the American Civil Liberties Union (ACLU) and Democracy Forward Foundation swiftly initiated a lawsuit to secure a temporary restraining order on behalf of five Venezuelans, who are identified only by pseudonyms. The plaintiffs express concern over potential deportation to countries where they could face severe repercussions, including imprisonment, torture, or persecution upon return to Venezuela under Nicolás Maduro.
The lawsuit contends that invoking the AEA in times of peace to circumvent standard deportation protocols exceeds presidential authority. It alleges violations of several legal statutes, including the Immigration and Nationality Act (INA), due process rights under the Fifth Amendment, and obligations to protect asylum seekers against torture according to the Convention Against Torture. The plaintiffs assert, “The United States is not in a declared war with Venezuela.”
In a virtual hearing, U.S. District Chief Judge James Boasberg granted a temporary restraining order, preventing immigration officials from deporting certain Venezuelan nationals targeted by the proclamation for a period of two weeks. During this time, officials cannot transfer or deport these individuals based on the AEA.
Opponents of the proclamation have labeled it a “dangerous overreach” attempting to bypass established immigration laws. Arthur Spitzer, an attorney for the ACLU, remarked that there is insufficient military justification for President Trump’s actions, which he deemed unlawful and a violation of fundamental rights.
President Trump’s proclamation utilizing the Alien Enemies Act against Venezuelan nationals affiliated with Trende de Aragua has prompted immediate legal challenges. The ACLU and Democracy Forward Foundation argue that this action extends beyond presidential authority, potentially violating constitutional rights and establishing dangerous precedents for immigration law. The temporary restraining order highlights judicial intervention in safeguarding the rights of individuals amid executive orders perceived as overreaching.
Original Source: www.jurist.org
