President Donald Trump invoked the Alien Enemies Act of 1798 on Saturday to target immigrant street gangs, particularly the Venezuelan gang Tren de Aragua (TdA). The act was used to round up about 200 alleged gang members for deportation to El Salvador, without a hearing or evidence presented to prove their gang affiliation. The move sparked controversy, which escalated notably when federal Judge James Boasberg issued two orders to temporarily halt the invocation of the law. Despite this, President Trump has continued with the deportations. Trump’s lawyer said the planes were already in the air, leading to discussions of a potential constitutional crisis and concerns about the erosion of the rule of law.
The Alien Enemies Act, passed in 1798, was last invoked during World War II. It grants the president sweeping powers to order the detention and deportation of citizens or natives of an "enemy" nation without following the usual processes. So far, of the 261 Venezuelans deported to a mega jail in El Salvador, 137 were removed under the Alien Enemies Act. Trump’s Administration admitted in federal court that “many” Venezuelans it deported had no criminal record in the United States, but argued it was only because they had only been in the U.S. briefly.
Voices on the left disagreed with the enactment of the act, citing abuse of power and, more broadly, the benefits of having immigrants within the country. While voices on the right tended to agree that the alleged Tren de Aragua members did not deserve to be in the United States, they were divided on the legality of the deportations.
Fox News Opinion (Right bias) published an article which read, “Fatigued with violent immigrant crime, the American people are substantially in favor of deportations. They expressed their desire at the ballot box. Does any serious person believe that dangerous foreign gangs like Tren de Aragua who have terrorized innocent victims should be allowed to stay here? President Trump is utilizing every tool that the law affords to evict enemy aliens who pose a constant threat.”
A writer for Vox (Left bias) argued, “Trump’s claim is highly dubious. The Alien Enemies Act permits the president to order the removal of all citizens of a foreign nation when there is a ‘declared war’ with that nation, or when ‘invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government.’ The United States is not at war with Venezuela. Nor has the Venezuelan government invaded or even threatened to invade the United States.”
A writer for the New York Post (Right bias) Opinion wrote, “We like the idea of the flights: The brutes of Tren de Aragua and MS-13 have had it too easy for far too long, and current efforts to get tough are a necessary correction to Biden-era denial…But the rule of law must hold.”
The Daily Kos (Left bias) published an article arguing, “They [the Trump Administration] are too stupid to understand that without DEI/immigrants, there’s not much of a nation left, certainly not a creative, growing, contributing nation. A population limited to aging white people won’t keep the U.S. strong and future-proofed.”