Trump’s Controversial Use of 1798 Alien Enemies Act for Migrant Deportations

The Trump administration's recent deportation of Venezuelan nationals under the 1798 Alien Enemies Act has reignited discussions on immigration laws and human rights, drawing sharp criticism from advocacy groups and raising legal questions.

More than 200 Venezuelans, labeled by the White House as gang affiliates, have been deported to a notorious mega-jail in El Salvador. Out of these, 137 individuals were removed under the Alien Enemies Act, a statute with roots in 1798 that President Donald Trump invoked during his term. He cited the Venezuelan gang Tren de Aragua (TdA) as a force threatening U.S. security, accusing them of "perpetrating, attempting, and threatening an invasion or predatory incursion".

The legal basis for these deportations has sparked outcry from human rights organizations. Despite a temporary restraining order from a federal judge, the White House maintained that the decree was invalid and that deportations had already occurred before the ruling took effect.

The Alien Enemies Act grants the U.S. president significant authority to detain and deport individuals from nations deemed enemies without the usual legal procedures. This act emerged when the U.S. anticipated a conflict with France. It states that during declared wars or threats to the U.S., individuals from enemy nations can be apprehended and removed as "alien enemies." Historically, this act has been utilized infrequently, with notable instances during World War II, where over 120,000 people of Japanese descent were interned without trials, along with those of German and Italian descent.

This instance marks Trump’s first direct application of the Alien Enemies Act, although he had previously expressed intentions to invoke it during his inaugural address in January to combat foreign criminal networks impacting U.S. safety. By declaring members of TdA subject to this act, Trump amplified his commitment to addressing immigration issues linked to gang violence.

Critics are alarmed by this move. The American Civil Liberties Union (ACLU) has moved to block these deportations, arguing that the U.S. is not currently in a legal state of war. Attorney Lee Gelernt from the ACLU emphasized that the application of the law violates U.S. legal standards. In contrast, El Salvador's President Nayib Bukele tweeted humorously about the deportation, stating, "Oopsie... Too late," highlighting the tension surrounding this policy.

Venezuela has condemned Trump’s actions, labeling them as unjust targeting of migrants and reminiscent of historical atrocities. Legal experts such as Katherine Yon Ebright, from the Brennan Center for Justice, have described Trump's use of the Alien Enemies Act as illegal, asserting that its invocation appears driven by ancestry-based prejudices rather than proven involvement in gang activities.