President Donald Trump invoked the Alien Enemies Act of 1798 Saturday to target the designated foreign terrorist organization Tren de Aragua (TdA) just hours after a federal judge in Washington, D.C., ruled the law could not be used to deport five Venezuelans.
The wartime law, which allows deportation of natives and citizens of an enemy nation without a hearing, has been invoked three times, during the War of 1812, World War I and World War II.
All Venezuelan citizens 14 years or older who are members of TdA, are within the U.S. and are not naturalized or lawful permanent residents of the U.S. may be apprehended, restrained, secured and removed as “alien enemies,” according to a proclamation.
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Hours before the act was signed, a lawsuit was filed by the American Civil Liberties Union, Democracy Forward and the ACLU of the District of Columbia, claiming the proclamation could be used to deport any Venezuelan in the country, regardless of whether they are a member of TdA.
Chief U.S. District Judge James E. Boasberg of the D.C. Circuit granted a temporary restraining order preventing the deportation of five Venezuelans already in immigration custody for two weeks.
The Trump administration appealed the restraining order, alleging it is improper to delay a presidential act before it is announced, affiliate FOX 32 Chicago reported.
A second hearing is scheduled for Saturday afternoon to establish if the order should be broadened to everyone in danger of removal under the act.
“The United States is not at war, nor has it been invaded. The president’s anticipated invocation of wartime authority — which is not needed to conduct lawful immigration enforcement operations — is the latest step in an accelerating authoritarian playbook,” Skye Perryman, president and CEO of Democracy Forward, wrote in a statement.
“From improperly apprehending American citizens to violating the ability of communities to peacefully worship to now improperly trying to invoke a law that is responsible for some of our nation’s most shameful actions, this administration’s immigration agenda is as lawless as it is harmful.”
An in-person hearing on the lawsuit’s merits is scheduled for D.C. Monday.
The move fulfills a campaign promise made during an October rally, when Trump announced he would use the law to combat Tren de Aragua (TdA) members in the U.S.
Tren de Aragua (TdA), designated a foreign terrorist organization Feb. 20 by the Department of State, has thousands of members, many of whom the White House says have unlawfully infiltrated the United States and are “conducting irregular warfare and undertaking hostile actions against the United States.”
Colorado officials confirmed TdA occupied entire apartment complexes in Aurora, noting a special task force had to be established to combat its activity.
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As of Sept. 11, 2024, the Aurora Police Department linked the gang to nearly a dozen people, resulting in eight arrests.
“Two of the eight individuals who were taken into custody were involved in a July shooting at one of the specific properties in the city that have experienced issues with TdA activity,” according to a statement. “In line with these arrests, we can also now confirm that criminal activity, including TdA issues, had significantly affected those properties.”
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The White House said the gang has continued to engage in mass illegal migration to the U.S. to “further its objectives of harming United States citizens,” undermining public safety.
TdA operates in conjunction with Cártel de los Soles, the Nicolás Maduro regime-sponsored narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortion and human, drug, and weapons trafficking, according to the White House.
It grew significantly while Tareck El Aissami served as governor of Aragua between 2012 and 2017. In 2017, El Aissami was appointed vice president of Venezuela.
Soon after, the Treasury Department designated El Aissami a specially designated narcotics trafficker under the Foreign Narcotics Kingpin Designation Act, and he remains a U.S. fugitive.
In 2020, Maduro and other regime members were charged with narcoterrorism and other crimes in an alleged plot against America.
Fox News Digital’s Louis Casiano contributed to this report.
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