Trump Utilizes Historic Alien Enemies Act to Target Violent Street Gangs Linked to Venezuela

President Donald Trump took significant action on Saturday by invoking the Alien Enemies Act of 1798 to address the threats posed by Tren de Aragua, a foreign terrorist organization. This move came just hours after a federal judge in Washington, D.C., determined that the law could not be applied to deport five Venezuelans currently in immigration custody.

The Alien Enemies Act, originally established during wartime, permits the deportation of citizens from enemy nations without a hearing. Historically, this law has been used on three occasions: during the War of 1812, World War I, and World War II. The recent proclamation targets all Venezuelan citizens aged 14 and older who are affiliated with Tren de Aragua and are not naturalized or lawful permanent residents of the United States, referring to them as “alien enemies.”

Before the presidential proclamation was signed, a coalition including the American Civil Liberties Union (ACLU) and Democracy Forward filed a lawsuit. They argued that the new directive could be misused to deport any Venezuelan residing in the United States regardless of their actual connection to the gang.

Immediate Legal Challenges and Protests

U.S. District Judge James E. Boasberg of the D.C. Circuit issued a temporary restraining order that halted the deportation of the five Venezuelans, allowing them to remain in custody for an additional two weeks. This pause has raised serious legal questions about the authority of the president when it comes to immigration enforcement.

The Trump administration quickly appealed this restraining order, asserting that delaying an announced presidential action is inappropriate. A follow-up hearing is scheduled for Saturday afternoon to evaluate whether the temporary order should extend to all individuals at risk of removal under the Alien Enemies Act.

Critics of the invocation emphasize that the United States is not currently engaged in a state of war, and they argue that this type of authority is unnecessary for effectively managing immigration operations. Skye Perryman, president and CEO of Democracy Forward, highlighted the troubling nature of utilizing such laws by stating that the administration’s actions are symptomatic of an increasingly authoritarian approach.

Gang Activity in the United States

The announcement fulfills a campaign promise made during an October rally when Trump asserted his intention to leverage the Alien Enemies Act against members of Tren de Aragua operating within U.S. borders. This gang was designated as a foreign terrorist organization by the Department of State on February 20, underlining its perceived threat.

Tren de Aragua is reportedly composed of thousands of members, many of whom have allegedly entered the United States illegally. According to the White House, these individuals are engaged in activities that constitute irregular warfare and carry out hostile actions against American citizens.

In Colorado, local officials confirmed that Tren de Aragua had taken control of entire apartment complexes in Aurora, prompting the establishment of a special task force to combat their gang activity. As of September 11, 2024, reports indicate that police linked the gang to multiple criminal incidents, leading to eight arrests.

Recent Arrests and Ongoing Investigations

Among the individuals apprehended, two were involved in a shooting incident at a property known for its ties to gang activity. Local authorities pointed out that crime rates and illegal operations associated with Tren de Aragua have noticeably escalated in these neighborhoods.

The White House emphasized that the gang continues to orchestrate mass illegal migration into the United States, a strategy aimed at furthering their agenda of threatening public safety. It operates in close relation with the Cártel de los Soles, which is associated with narco-terrorism under the regime of Nicolás Maduro in Venezuela.

Historic Context and Future Implications

Tren de Aragua’s growth can be traced back to the governance of Tareck El Aissami, who served as the governor of Aragua from 2012 to 2017. Following his term, he was appointed as vice president of Venezuela, but has since been designated a fugitive by U.S. authorities due to his narcotics trafficking activities.

In 2020, both Maduro and key members of his regime faced formal charges related to narcoterrorism, underscoring an alleged conspiracy to undermine American interests. The use of the Alien Enemies Act in this contemporary context raises important discussions about the balance between national security and individual rights amidst claims of an increasing authoritarian structure within U.S. immigration policy.

Looking Ahead

The ongoing legal battles over the proclamation embody a critical moment in U.S. immigration law, intersecting with national security imperatives. Those who support the action claim it is necessary for ensuring public safety, while opponents fear the consequences of implementing an outdated law in the current political landscape.

As the situation unfolds, it remains essential to monitor both the legal proceedings and the impact on Venezuelan citizens living in the United States. This scenario highlights the complexities surrounding immigration policy, national security, and community welfare as America grapples with these challenging issues.

The debate surrounding the Alien Enemies Act underscores a pivotal moment for immigration law, security, and the foundational principles of justice in the United States.