Trump Invokes Wartime Alien Enemies Act of 1798 to Target Violent Illegal Immigrant Street Gangs

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President Donald Trump pulled a historic move on Saturday, dusting off the Alien Enemies Act of 1798 to go after Tren de Aragua (TdA), a Venezuelan gang labeled a foreign terrorist organization. The catch? Just hours earlier, a federal judge in Washington, D.C., slammed the brakes on using that same law to deport five Venezuelans, setting the stage for a legal showdown.  


The wartime act—last used during the War of 1812, World War I, and World War II—lets the president deport “alien enemies” from hostile nations without a hearing. Trump’s proclamation targets TdA members over 14 who are in the U.S. illegally, meaning they could be rounded up and removed pronto. The White House says TdA, designated a terrorist group on February 20, 2025, has thousands of members sneaking into the country and waging “irregular warfare” against the U.S.  


But the timing couldn’t be spicier. Right before Trump signed the order, the ACLU, Democracy Forward, and others sued, arguing it could sweep up any Venezuelan in the U.S., gang member or not. Chief U.S. District Judge James E. Boasberg didn’t waste time—he issued a two-week restraining order, halting the deportation of five Venezuelans already in custody. The Trump admin fired back with an appeal, calling it absurd to block a presidential move before it even drops, per FOX 32 Chicago. Another hearing’s set for Saturday afternoon to see if the order should expand to cover more people at risk.  


Critics are fuming. “The U.S. isn’t at war or under invasion,” said Skye Perryman of Democracy Forward. “This is authoritarian overreach—using a wartime law for immigration when it’s not needed.” She pointed to past abuses of the act (think Japanese internment in WWII) and called Trump’s immigration agenda “lawless and harmful.” A full hearing on the lawsuit is slated for Monday in D.C.  


This isn’t a random flex—Trump promised this back in October during a rally, vowing to use the 1798 law to tackle TdA. And the gang’s no small fry: Colorado officials say TdA took over entire apartment complexes in Aurora, forcing a special task force to step in. By September 11, 2024, Aurora PD tied the gang to nearly a dozen people, nabbing eight arrests—including two linked to a July shooting tied to TdA hotspots.  


So, what’s next? Legal battles, political heat, and a whole lot of debate. Is this a bold stand against crime or a step too far? Sound off in the comments—I want to hear your take!  


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