President Trump has invoked the Alien Enemies Act against Venezuelan nationals linked to the Tren de Aragua gang, labeling it a Foreign Terrorist Organization. This unprecedented move faces legal opposition, with the ACLU filing a lawsuit to prevent deportations, arguing it violates constitutional rights. A restraining order has temporarily halted deportation efforts pending further review.
On Saturday, President Trump issued a proclamation initiating a crackdown on Venezuelan nationals affiliated with the Tren de Aragua (TdA) gang, which he labeled as a designated Foreign Terrorist Organization. The proclamation directs the apprehension and removal of these individuals, as it claims TdA is engaging in an invasion and irregular warfare against the US. It cites various crimes, including kidnappings and drug trafficking, as evidence of this threat.
The proclamation utilizes the 1798 Alien Enemies Act (AEA), a legal framework rarely invoked, particularly without a formal war declaration. This is the first instance in modern history where an AEA invocation occurs without either a recognized enemy nation or a war. Legal experts indicate that the AEA, historically applied against enemy nationals during wartime, grants wide-ranging powers to detain and deport citizens of hostile foreign nations under specific circumstances.
In response, the American Civil Liberties Union (ACLU) and the Democracy Forward Foundation promptly filed a lawsuit on behalf of five Venezuelans using pseudonyms to safeguard their identities. The plaintiffs contend that they face imminent deportation to countries where they could be tortured or persecuted, particularly if returned to Venezuela under its current regime.
The lawsuit argues that invoking the AEA in peacetime contravenes the President’s legal authority and violates multiple statutory and constitutional rights, including the Immigration and Nationality Act (INA) and the Fifth Amendment. The plaintiffs emphasized the lack of a declared war against Venezuela and questioned the validity of classifying TdA as a legitimate military threat.
US District Chief Judge James Boasberg issued a two-week restraining order during a virtual hearing, preventing the deportation of targeted Venezuelan nationals. This order restricts immigration officials from taking actions against individuals covered by the lawsuit amidst ongoing legal challenges.
Opponents of the proclamation assert that it represents a significant overstep of executive power. Arthur Spitzer, an attorney for the ACLU, stated that without foreign military conduct warranting the AEA’s application, the President’s actions are unlawful and infringe upon fundamental rights.
In summary, President Trump’s invocation of the Alien Enemies Act to target Venezuelan nationals associated with Tren de Aragua has sparked immediate legal challenges. The ACLU and Democracy Forward Foundation have filed a lawsuit questioning the legitimacy of this action in peacetime and highlighting potential constitutional violations. A restraining order has prohibited deportations of affected individuals pending further legal scrutiny, emphasizing the ongoing debate over executive power in immigration matters.
Original Source: www.jurist.org
