The Trump administration on Saturday activated a rarely invoked emergency statute from 1798 to accelerate deportations of migrants linked to Venezuela's "Tren de Aragua" (TdA) gang – a legal maneuver used only three times previously in US history.
The "Alien Enemies Act," part of the four Alien and Sedition Acts passed during John Adams' presidency, provides presidents with extraordinary powers to remove foreign nationals. Historically, the law was intended specifically for wartime scenarios where the US faces military conflict with another nation or experiences an invasion. This historical context has prompted legal scholars to question whether its current application will withstand judicial scrutiny.
In Saturday's presidential proclamation, the White House justified the action by citing Tren de Aragua's designation as a foreign terrorist organization. The administration claimed many gang members engage "in mass illegal migration to the United States to further its objectives of harming United States citizens," language seemingly crafted to align with the law's original intent. The order calls for immediate apprehension, detention and removal of individuals subject to the proclamation.
Legal challenges emerge quickly
The Brennan Center for Justice noted that the Alien Enemies Act has only been implemented three times throughout American history, exclusively during declared wars. The law was employed during both World Wars to facilitate the detention and deportation of immigrants from enemy nations including Germany, Austria-Hungary, Italy and Japan. Legal scholars point out that the statute contributed to the framework that enabled the widely condemned Japanese internment program during World War II, according to analysis from the non-partisan Institute for Law and Policy.
Hours before the administration formally invoked the act, a federal judge issued a temporary restraining order blocking some deportations under the emergency law. While this judicial intervention currently protects only those individuals who filed Saturday's lawsuit, the court scheduled an evening hearing to consider broadening the order's scope.
This preliminary legal challenge originated from the American Civil Liberties Union (ACLU) and Democracy Forward, who preemptively filed their motion anticipating insufficient time to intervene once the presidential proclamation took effect.
In court documents, the ACLU contended that gang activity, regardless of its severity, "does not meet the accepted definitions" of invasion or warfare as constitutionally required under the statute. The Justice Department wasted no time filing an appeal with the US Court of Appeals for the District of Columbia Circuit seeking to overturn the temporary restraining order.
El Salvador agreement revealed
Simultaneously, the Associated Press revealed that the US has negotiated a $6 million payment to El Salvador to incarcerate 300 deported members of Venezuela's TdA gang, citing an internal diplomatic memo obtained by the news organization.
"The Republic of El Salvador confirms it will house these individuals for one (1) year, pending the United States' decision on their long term disposition," the internal Foreign Ministry document stated. This agreement follows Secretary of State Marco Rubio's visit to El Salvador last month, during which he indicated the Central American nation had proposed detaining "dangerous criminals" expelled from American territory.
President Nayib Bukele of El Salvador has gained international attention for his aggressive anti-gang initiatives, including mass arrests, expedited trials, and the construction of a massive "mega-prison" facility designed to hold up to 40,000 inmates. While Bukele's approach has reduced gang violence, human rights organizations have documented serious concerns about extrajudicial detentions and allegations of torture within El Salvador's expanding prison system.
