Trump Invokes 1798 Alien Enemies Act to Deport Suspected Venezuelan Gang Members

In a controversial move, President Donald Trump invoked the 1798 Alien Enemies Act on Saturday to authorize the detention and deportation of Venezuelan migrants suspected of ties to the Tren de Aragua gang.

The rarely used wartime statute enables the government to treat non-citizens as enemy combatants, bypassing standard legal protections such as asylum hearings and judicial review.

Trump’s proclamation alleged that Tren de Aragua, a violent transnational criminal organization originating from Venezuela, is “perpetrating, attempting, and threatening an invasion or predatory incursion” against the United States.

The order directed federal agencies to apprehend and deport any Venezuelan migrant aged 14 or older suspected of gang affiliation who lacks U.S. citizenship or permanent residency.

The directive was met with swift legal opposition. Hours after its announcement, U.S. District Judge James Boasberg issued a temporary restraining order halting deportations under the proclamation for 14 days.

The judge also ordered deportation flights already in progress to return to the U.S. “We are thrilled the judge recognized the severe harm our plaintiffs would face if removed,” said Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), which filed a lawsuit challenging the order. The ACLU called Trump’s use of the Alien Enemies Act “flat out lawless.”

Attorney General Pam Bondi criticized the ruling, stating that it prioritizes “Tren de Aragua terrorists over the safety of Americans.” She argued that Trump’s actions fall within his well-established powers and accused opponents of jeopardizing public safety.

The Alien Enemies Act, part of the Alien and Sedition Acts of 1798, has been invoked only three times in U.S. history—during the War of 1812, World War I, and World War II—to detain or deport individuals from nations at war with the United States.

This marks the first time it has been used to target individuals associated with a non-state actor rather than a foreign government.

Tren de Aragua, which originated in Venezuela’s Tocorón prison, has grown into a transnational criminal syndicate involved in drug trafficking, human smuggling, extortion, and other crimes.

The gang was designated a Foreign Terrorist Organization by Trump’s administration earlier this year.

Critics argue that invoking wartime powers against migrants sets a dangerous precedent. New York Attorney General Letitia James condemned the move as “prejudiced, perilous, and deeply unjust,” while immigration advocates warned that such actions risk undermining due process and civil liberties.

The case will return to court next week as legal challenges continue to mount against Trump’s unprecedented use of this centuries-old law.

Meanwhile, federal agencies remain on standby as they await further judicial rulings on whether deportations can proceed.