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March 16, 2025
President Trump Invoked The Alien Enemies Act Of 1798 Against The Venezuelan Gang Tren de Aragua (TdA) - Gang Members Targeted For 'Immediate Apprehension, Detention, And Removal'
President Donald Trump invoked the Alien Enemies Act of 1798 against the Venezuelan gang Tren de Aragua (TdA) on Saturday, making gang members liable to immediate arrest and removal as Alien Enemies of the U.S.
[A]ll Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as Alien Enemies, Trumpproclaimed, citing the authority of the U.S. Constitution and laws including the Alien Enemies Act.
Alien Enemies would be subject to immediate apprehension, detention, and removal, and further that they shall not be permitted residence in the United States, according to the proclamation.
Trump in the proclamation added that TdA members were at war with the U.S. directly and at the direction, clandestine or otherwise, of the Maduro regime in Venezuela and were a threat to the peace and safety of the U.S. The proclamation followed aJan. 20, 2025 executive orderclassifying TdA and other transnational cartels as foreign terrorist organizations.
Venezuela had become a hybrid criminal state as the TdA and other transnational gangs gained increasing control over the country while also flood[ing] the U.S. with drugs and illegal migrants, according to Trumps proclamation.
Trump also accused Venezuelan President Nicols Maduro and former Venezuelan Vice President Tareck El Aissami of sponsoring and aiding criminal gangs, including TdA.
TdA grew significantly while Tareck El Aissami served as governor of Aragua between 2012 and 2017, the proclamation states.
El Aissami is a fugitive of the U.S., having beendeclared wantedby the U.S. Department of Homeland Security, Immigration and Customs Enforcement and the Bureau of International Narcotics and Law Enforcement Affairs over international drug traffickingcharges.
Along with several other Venezuelan officials, Maduro, who according to Trump, claims to act as Venezuelas President waschargedin 2020 with running a narco-terrorism partnership with Colombian rebels to weaponize cocaine against the U.S. populace.
Maduro is alsowantedfor drug trafficking charges. The United States has not recognized Maduro as the President of Venezuela since 2019, the U.S. Department of State noted.
The Alien Enemies Act is one of four laws passed in 1798 as the U.S. neared a war with France to raise residency requirements, authorize punitive presidential actions against aliens in wartime and limit speech critical of the U.S. government,accordingto the U.S. National Archives.
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Diego Ibarra, the brother of the illegal Venezuelan immigrantJose Ibarrawho was convicted for the murder of American studentLaken Riley, was allegedlylinkedto TdA.
A few hours after Trumps proclamation, James E. Boasberg, chief judge of the District Court for the U.S. District of Columbia, issued a temporary restraining order blocking the president, CBS Newsreported.
Boasbergs order initially was to prevent for 14 days the deportation of five Venezuelan men in immigration custody after the men filed afederal civil lawsuitthrough attorneys with the American Civil Liberties Union and Democracy Forward, according to the outlet.
The civil lawsuit reportedly argued the Alien Enemies Act was a wartime measure that has been used only three times in our Nations history: the War of 1812, World War I and World War II.
Trumps proclamation, the lawsuit further argued, also contorts the plain language of the [Act]: arrivals of noncitizens from Venezuela are deemed an invasion or predatory incursion by a foreign nation or government, where Tren de Aragua, a Venezuelan gang, is deemed to be sufficiently akin to a foreign nation or government.
The U.S. Department of Justice shortly thereafter appealed Boasbergs decision, reportedly arguing the D.C. court has no jurisdiction over the case because the men are held in Texas and New York not Washington and that the invocation of the Act was speculation.
Boasberg later expanded his order to cover all noncitizens in U.S. custody who could be affected by Trumps invocation of the Act and seemed to signal that migrants subject to his order who were already on deportation flights mid-air should be flown back to the U.S., according to CBS News.
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