On March 15, 2025, President Donald Trump invoked the Alien Enemies Act of 1798 to address what he described as a national security threat posed by the Venezuelan drug-trafficking gang Tren de Aragua (TdA). Trump claimed that TdA is a Foreign Terrorist Organization with thousands of members who have reportedly infiltrated the United States. He accused them of conducting irregular warfare and hostile actions against the country.
In his proclamation, Trump argued that the gang is part of a "hybrid criminal state" that collaborates with Nicolas Maduro’s government in Venezuela. He stated that this collaboration has led to mass illegal migration, which he believes harms U.S. citizens and undermines public safety. The president emphasized that the situation constitutes an "invasion," thereby justifying his use of the Alien Enemies Act. This act allows for the immediate apprehension and deportation of individuals deemed alien enemies.
The move has drawn sharp criticism from opponents of the Trump administration, who argue that it is unconstitutional. They have filed legal challenges against the proclamation, claiming it undermines due process rights for undocumented immigrants. So far, court rulings on the matter have been mixed, and the U.S. Supreme Court has intervened to slow down the administration’s deportation efforts, citing due process concerns.
Critics assert that Trump is masking a hardline immigration policy under the guise of national security. They warn that if his strategy is upheld, it could lead to deportations without proper legal procedures. Many advocates for liberal immigration policies view the invocation of the Alien Enemies Act as a serious threat to their goals.
One key argument against Trump’s use of the act is that it should only be applied during a time of declared war. Since there has been no formal declaration of war against TdA or Venezuela, opponents contend that the president lacks the legal authority to invoke this act. However, Trump has argued that the situation qualifies as an invasion, which allows him to act without congressional approval.
Supporters of Trump’s stance point out that historically, presidents have acted in response to perceived invasions without waiting for Congress to declare war. They note that the Alien Enemies Act can be invoked during such crises, and Trump’s rationale may complicate legal challenges against him.
The debate over Trump’s actions raises important questions about the balance of power between the presidency and Congress regarding war powers. Critics of the administration’s approach have often remained silent on similar actions taken by previous presidents, which adds another layer to this ongoing discussion.
As the situation unfolds, it remains to be seen how the courts will ultimately rule on Trump’s use of the Alien Enemies Act and what implications this will have for immigration policy and national security in the United States.