Trump invokes wartime Alien Enemies Act of 1798 to target violent illegal immigrant street gangs

Hours after President Donald Trump invoked a wartime law to target terrorist organization Tren de Aragua (TdA) Saturday, a federal judge ruled the law could not be used to deport five Venezuelans and ordered the plane they were believed to be on to return to the U.S.

The Alien Enemies Act of 1798, 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 Trump’s proclamation.

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Hours before the proclamation was signed, a lawsuit was filed by the American Civil Liberties Union, Democracy Forward and the ACLU of the District of Columbia, claiming it could be used to deport any Venezuelan in the country, regardless of whether they are a member of TdA.

At a hearing Saturday afternoon, Chief U.S. District Judge James Boasberg of the D.C. Circuit granted a temporary restraining order preventing the deportation of the five Venezuelans, who had already been in federal custody for two weeks.

Two planes that may have been en route to deport illegal immigrants were ordered returned by the judge. However, it is unclear as of Saturday night if they have done so.

“Tonight, a DC trial judge supported Tren de Aragua terrorists over the safety of Americans. TdA is represented by the ACLU,” U.S. Attorney General Pam Bondi said in a statement. “This order disregards well-established authority regarding President Trump’s power, and it puts the public and law enforcement at risk. The Department of Justice is undeterred in its efforts to work with the White House, the Department of Homeland Security, and all of our partners to stop this invasion and Make America Safe Again.”

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.

“The United States is not at war, nor has it been invaded. The president’s anticipated invocation of wartime authority — which is not needed to conduct lawful immigration enforcement operations — is the latest step in an accelerating authoritarian playbook,” Skye Perryman, president and CEO of Democracy Forward, wrote in a statement. 

“From improperly apprehending American citizens to violating the ability of communities to peacefully worship to now improperly trying to invoke a law that is responsible for some of our nation’s most shameful actions, this administration’s immigration agenda is as lawless as it is harmful.”

An in-person hearing on the lawsuit’s merits is scheduled for D.C. Monday.

The move fulfills a campaign promise made during an October rally, when Trump announced he would use the law to combat Tren de Aragua (TdA) members in the U.S.

Tren de Aragua (TdA), designated a foreign terrorist organization Feb. 20 by the Department of State, has thousands of members, many of whom the White House says have unlawfully infiltrated the United States and are “conducting irregular warfare and undertaking hostile actions against the United States.”

Colorado officials confirmed TdA occupied entire apartment complexes in Aurora, noting a special task force had to be established to combat its activity.

TRUMP TO INVOKE WARTIME ALIEN ENEMIES ACT OF 1798 TO FAST-TRACK DEPORTATIONS OF ILLEGAL IMMIGRANTS

As of Sept. 11, 2024, the Aurora Police Department linked the gang to nearly a dozen people, resulting in eight arrests. 

“Two of the eight individuals who were taken into custody were involved in a July shooting at one of the specific properties in the city that have experienced issues with TdA activity,” according to a statement. “In line with these arrests, we can also now confirm that criminal activity, including TdA issues, had significantly affected those properties.”

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The White House said the gang has continued to engage in mass illegal migration to the U.S. to “further its objectives of harming United States citizens,” undermining public safety.

TdA operates in conjunction with Cártel de los Soles, the Nicolás Maduro regime-sponsored narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortion and human, drug, and weapons trafficking, according to the White House.

It grew significantly while Tareck El Aissami served as governor of Aragua between 2012 and 2017. In 2017, El Aissami was appointed vice president of Venezuela. 

Soon after, the Treasury Department designated El Aissami a specially designated narcotics trafficker under the Foreign Narcotics Kingpin Designation Act, and he remains a U.S. fugitive.

In 2020, Maduro and other regime members were charged with narcoterrorism and other crimes in an alleged plot against America.

Fox News Digital’s Louis Casiano and Bradford Betz contributed to this report.