In a historic and controversial move, President Donald Trump has invoked the Alien Enemies Act of 1798 to target Venezuelan nationals linked to the criminal gang Tren de Aragua, authorizing their expedited detention and deportation. The decision marks the first time the rarely used law has been activated since World War II and only the fourth time in U.S. history.
The executive action allows the administration to bypass traditional immigration courts and remove Venezuelan citizens 14 and older who are in the country illegally. The order applies to all non-U.S. citizens and non-lawful permanent residents from Venezuela, citing a national security risk.
The Alien Enemies Act, part of the 1798 Alien and Sedition Acts, was originally designed to give the president sweeping authority to detain or deport nationals of enemy countries during times of war. It has only been invoked three previous times:
• War of 1812, against British nationals
• World War I, targeting Germans
• World War II, leading to the internment of Japanese, German, and Italian nationals
Trump’s directive is unique because it is not tied to an officially declared war but instead designates members of Tren de Aragua as “alien enemies” based on an earlier January executive order that labeled the gang a foreign terrorist organization.
The administration justifies the move by pointing to rising crime rates tied to transnational gangs that disproportionately impact immigrant communities. Tren de Aragua, which originated in Venezuelan prisons, has rapidly expanded across Latin America and the U.S., engaging in human trafficking, drug smuggling, and violent crimes.
The order bypasses traditional asylum claims and due process, meaning deportations will occur without immigration court hearings.
Supporters of the move argue that criminal elements within illegal immigrant populations prey on vulnerable communities, where residents often fear retaliation or legal consequences if they report crimes. By fast-tracking removals, they say, Trump is prioritizing public safety.
Immigrant rights groups have condemned the decision, warning that it could set a dangerous precedent for deportations based on nationality rather than individual criminal conduct. Activists worry that the vague language of the order could lead to wider deportations, including for those without gang affiliations or criminal records.
Additionally, legal experts predict challenges in court, arguing that invoking a wartime statute in a non-war context may be unconstitutional.
Trump’s use of the Alien Enemies Act aligns with his broader immigration crackdown, a key theme of his 2024 presidential campaign. Polls consistently show that illegal immigration and crime are top concerns for voters, and the administration appears to be taking an aggressive stance on the issue.
Whether the move withstands legal challenges remains to be seen, but one thing is clear: Trump is willing to use every tool available, even a 226-year-old law, to push his immigration agenda forward.
