President Trump recently invoked the Alien Enemies Act for the first time since World War II, granting himself powers to deport individuals associated with a Venezuelan gang without a court hearing. This act, passed in 1798, allows the president to imprison and deport non-citizens during times of war. Despite El Salvador agreeing to house the deported gang members, a federal judge halted the deportations and scheduled a hearing. The ACLU had sued Trump to prevent the deportations, arguing that the act was being misused. The Trump administration’s argument for using the act was based on the belief that the U.S. is facing an “invasion” of illegal immigrants. However, critics argue that this portrayal of illegal immigration as an invasion is unfounded. The Tren de Aragua gang, designated as a foreign terrorist organization last month, was accused of engaging in “irregular warfare” against the U.S. The Venezuelan government has not typically accepted deportees from the U.S., but recently some individuals were deported back to Venezuela. This use of the Alien Enemies Act in peacetime to target non-state actors has raised concerns about due process and equal protection. It remains to be seen how this legal battle will unfold in the courts and whether Trump’s invocation of the Act will hold up to judicial scrutiny.
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