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.
Alleged members of the Tren de Aragua gang have overtaken an apartment building in Aurora, Colorado, charging rent in exchange for “protection,” previous reports say. (Edward Romero)
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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.
Peruvian police transfer several members of the Tren de Aragua criminal organization in Lima Oct. 5, 2023. (Cris Bouroncle/AFP via Getty Images)
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…
