The Trump administration has invoked the Alien Enemies Act, a centuries-old law, to order the deportation of suspected members of the Venezuelan gang Tren de Aragua, despite a court ruling to halt the flights. The Alien Enemies Act, originally passed by Congress in 1798, was designed for wartime use, granting the President broad powers to expedite mass deportations. This decision has sparked significant controversy, as the law has only been employed three times before, with its most recent application during World War II.
The Alien Enemies Act was historically utilized in the War of 1812, World War I, and World War II. During these conflicts, it sanctioned actions against recognized enemy states. Notably, during World War II, it was used to incarcerate Germans and Italians, as well as intern Japanese-American civilians. The current invocation marks a rare deployment of this act, raising questions about its relevance and appropriateness in modern times.
US District Judge James Boasberg had attempted to halt the deportations for all individuals deemed eligible for removal under President Trump's proclamation. Despite this judicial intervention, the administration proceeded with the deportations. Critics argue that the use of the Alien Enemies Act disregards established authority concerning presidential powers and poses risks to public safety and law enforcement.
Pam Bondi, a critic of the move, stated:
“This order disregards well-established authority regarding President Trump’s power, and it puts the public and law enforcement at risk.”
The decision has also drawn international attention. Senator Marco Rubio expressed gratitude towards El Salvador for their cooperation in holding the deported individuals. He remarked:
“Thank you for your assistance and friendship, President Bukele.”
He further highlighted the financial aspect of the arrangement:
“over 250 alien enemy members of Tren de Aragua which El Salvador has agreed to hold in their very good jails at a fair price that will also save our taxpayer dollars.”
Despite the legal challenges and criticisms, some supporters argue that firm action is necessary to combat crime. Patricia Bullrich supported this perspective, stating:
“This is the way. Tough on crime.”
The Alien Enemies Act's broad leeway allows the President to take decisive action against entities from a recognized state deemed a threat. This flexibility has historically been reserved for times of war, making its current application particularly contentious.