Tipsheet

Trump Targets Violent Immigrant Gangs with 1798 Alien Enemies Act, But Judge Blocks Action

In a bold move, President Donald Trump invoked the wartime Alien Enemies Act of 1798 to target violent, illegal immigrant street gangs operating within the United States. The act, originally designed to address threats posed by foreign nationals during wartime, has been utilized to crack down on criminal organizations like MS-13 that pose a significant threat to national security and public safety. This unprecedented use of the act signals a tough stance on crime and immigration policy, aiming to disrupt and dismantle these dangerous groups. 

Under the act's provisions, Venezuelan citizens aged 14 or older who are members of TdA and currently residing in the United States without naturalized status or lawful permanent residency may be apprehended, detained, and removed from the country as "alien enemies.” 

The act titled, “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua,” states the Tren de Aragua “is a designated Foreign Terrorist Organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States.”

In his proclamation, Trump accused the dangerous Venezulen gang of “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.” 

The law has already been invoked thrice: during the War of 1812, World War I, and World War II. 

However, Trump’s directive faced significant backlash.

The chief judge for the U.S. District Court in Washington, D.C., James Boasberg, temporarily blocked those deportations through a 14-day temporary restraining order. This will block the government from deporting individuals in U.S. immigration custody who were affected by Trump’s proclamation under the Alien Enemies Act. 

The Trump White House appealed against the restraining order, arguing that it is improper to delay a presidential directive before it has been officially announced.