03-20-2025

Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua

ProclamationView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: This presidential proclamation uses the Alien Enemies Act of 1798 to designate Venezuelan citizens in the U.S. who are alleged members of the Tren de Aragua (TdA) gang as "Alien Enemies." This allows for their apprehension, restraint, and removal from the country without many of the normal legal processes.

Money: The proclamation does not appropriate new funds. Costs would be incurred by the Department of Homeland Security and the Department of Justice for apprehension, detention, and removal operations, to be handled within their existing budgets.

Your Impact: This action directly affects Venezuelan nationals in the U.S. suspected of belonging to the Tren de Aragua gang. It has an indirect impact on broader immigration enforcement debates and could affect Venezuelan communities through increased law enforcement scrutiny.

Status: Issued as a Presidential Proclamation on March 14, 2025.

What's Actually in the Bill

This proclamation declares that the Tren de Aragua (TdA) gang is perpetrating an "invasion or predatory incursion" against the United States, in part due to its alleged ties to the Nicolás Maduro regime in Venezuela. Citing the authority of the Alien Enemies Act of 1798, the President has directed federal agencies to treat certain individuals as "Alien Enemies."

Core Provisions:

  • Designates all Venezuelan citizens 14 years of age or older within the United States who are members of TdA and are not U.S. citizens or lawful permanent residents as "Alien Enemies."
  • Makes these individuals "liable to be apprehended, restrained, secured, and removed" from the U.S.
  • States that these individuals are considered a danger to public safety and are ineligible for certain protections under the Alien Enemies Act.
  • Directs the Attorney General and the Secretary of Homeland Security to immediately apprehend, detain, and remove these individuals.
  • Authorizes the seizure and forfeiture of all property traceable to an Alien Enemy that is used in TdA's hostile activities.
  • The proclamation and its regulations apply to all territories under U.S. jurisdiction.

Stated Purpose (from the Sponsors):

The proclamation's stated purpose is to protect the American people from what it describes as an "invasion" being perpetrated by TdA.

  1. The text asserts TdA has unlawfully infiltrated the United States to harm citizens, undermine public safety, and support the Maduro regime's goal of destabilizing democratic nations.
  2. It claims the action is necessary to counter TdA's use of mass illegal migration and drug trafficking as weapons against the United States.

Key Facts:

Affected Sectors: Immigration, Law Enforcement, Foreign Relations.
Timeline: The directive for the Attorney General to prepare and publish a letter implementing the policy was set for within 60 days of the proclamation date of March 14, 2025. Apprehension and removal actions were authorized to begin immediately.
Scope: The proclamation targets a specific demographic: Venezuelan citizens in the U.S. suspected of membership in the TdA gang.

The Backstory: How We Got Here

Timeline of Events:

Rise of Tren de Aragua and U.S. Response (2010s-Present):

  • 2013-2015: Tren de Aragua originates as a prison gang in Aragua, Venezuela, and expands its criminal enterprise, focusing on extortion, kidnapping, and human smuggling.
  • Late 2010s-Early 2020s: As Venezuela's economy collapses, TdA expands its network across South America, often following Venezuelan migration patterns.
  • March 26, 2020: The U.S. Department of Justice charges Nicolás Maduro and other high-ranking Venezuelan officials with narco-terrorism, alleging they lead the "Cártel de los Soles" and use cocaine as a weapon to "flood" the U.S.
  • 2021-2024: TdA members begin to be identified within the U.S., with law enforcement linking them to crimes in states like Texas, New York, and Colorado. Reports emerge of the gang recruiting in U.S. cities and engaging in violent crime, including murder and sex trafficking.
  • February 20, 2025: The U.S. Department of State formally designates Tren de Aragua as a Foreign Terrorist Organization (FTO).
  • March 14, 2025: President Trump issues the proclamation invoking the Alien Enemies Act against alleged TdA members.

Why Now? The Political Calculus:

  • Framing Immigration as a National Security Threat: The proclamation links a specific criminal gang to a foreign government (the Maduro regime), elevating the issue from a law enforcement problem to a matter of national security and "invasion." This justifies the use of extraordinary wartime powers.
  • Fulfilling Campaign Promises: The action aligns with a platform centered on aggressive immigration enforcement and dismantling transnational criminal organizations.
  • Public Concern Over Crime: High-profile violent crimes allegedly committed by TdA members in the U.S. have generated significant media attention and public concern, creating a political opening for decisive action. The administration has pointed to these incidents as a direct failure of previous border policies.

Your Real-World Impact

The Direct Answer: This proclamation directly affects a specific group—Venezuelan nationals in the U.S. who are not citizens or permanent residents and are accused of being TdA members.

What Could Change for You:

Potential Benefits:

  • Supporters argue the primary benefit is enhanced public safety through the swift removal of dangerous criminals who might otherwise be tied up in lengthy legal proceedings.
  • The action could disrupt TdA's criminal operations in the U.S., potentially reducing crimes like human trafficking, drug dealing, and violent robberies in affected communities.
  • It sends a strong deterrent message to other transnational criminal organizations and the foreign governments that may support them.

Possible Disruptions or Costs:

Short-term (Immediate):

  • Venezuelan nationals, regardless of criminal affiliation, may face increased scrutiny from law enforcement.
  • Accused individuals can be apprehended and detained immediately, without a traditional court hearing to challenge their alleged gang membership before removal.

Long-term:

  • The precedent of using an 18th-century wartime act to address a modern gang problem could expand presidential power in immigration matters.
  • Individuals removed under this proclamation could face imprisonment in third countries, such as El Salvador, raising human rights concerns.
  • The broad nature of the designation could lead to the deportation of individuals based on flimsy evidence of association, rather than proven criminal conduct.

Who's Most Affected:

Primary Groups: Venezuelan nationals aged 14 and older in the U.S. who are not citizens or lawful permanent residents and are suspected by authorities of being TdA members.
Secondary Groups: The broader Venezuelan-American community, which may face stigma and increased immigration enforcement. U.S. law enforcement agencies tasked with implementing the order.
Regional Impact: Communities with a known TdA presence, including areas in New York, Texas, Florida, and Colorado, are most likely to see increased enforcement actions.

Bottom Line: For most Americans, the direct impact is minimal, but for Venezuelan nationals accused of TdA ties, it represents an immediate threat of detention and deportation with limited legal recourse.

Where the Parties Stand

Republican Position: "A Necessary Action to Protect America"

Core Stance: Republicans generally support the proclamation as a decisive and necessary tool to combat a violent foreign terrorist organization that threatens public safety.

Their Arguments:

  • ✓ The proclamation directly addresses the threat posed by TdA, which they argue exploited weak border policies to enter the country.
  • ✓ They contend that TdA is not just a gang but an arm of the hostile Maduro regime, justifying an aggressive response.
  • ✓ Using the Alien Enemies Act is a legitimate exercise of presidential authority to protect the nation from invasion and hostile forces.
  • ⚠️ Some South Florida Republicans, while condemning the gang, have expressed concern that the policy could inadvertently harm the broader Venezuelan community fleeing the Maduro regime and have sought to convince the administration to proceed with caution.

Legislative Strategy: Supporting the President's executive action while introducing legislation to require threat assessments of TdA and bolster law enforcement capabilities to dismantle the gang.

Democratic Position: "An Overreach of Power and a Dangerous Precedent"

Core Stance: Democrats are likely to view the proclamation as a dangerous overreach of executive authority, an inhumane policy, and a misuse of a wartime statute to target immigrants.

Their Arguments:

  • ✗ They argue that invoking the term "invasion" to describe the activities of a criminal gang is a gross exaggeration intended to justify extreme anti-immigrant policies.
  • ✗ They contend that the Alien Enemies Act is an archaic law that bypasses constitutional due process protections and allows for deportation based on national origin and accusation alone.
  • ✗ Critics point out that existing criminal and immigration laws are sufficient to prosecute and deport violent criminals without resorting to a 227-year-old act associated with shameful historical episodes like Japanese internment.
  • ⚠️ While acknowledging TdA is a dangerous gang, they would advocate for targeted law enforcement action through the justice system, not broad proclamations against a nationality.

Legislative Strategy: Opposing the proclamation in courts and in Congress, highlighting potential constitutional violations and human rights abuses, and advocating for comprehensive immigration reform as the proper solution.

Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The proclamation explicitly cites the Alien Enemies Act of 1798 (50 U.S.C. 21 et seq.), which grants the President authority over citizens of a hostile nation during a "declared war" or when an "invasion or predatory incursion shall be perpetrated, attempted, or threatened."

Alien Enemies Act (50 U.S.C. § 21): "whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President...shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upwards, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies."

Constitutional Implications:

[Legal Principle]: The core constitutional question is whether the criminal activities of a transnational gang, even one with alleged state ties, can be legally defined as an "invasion or predatory incursion" by a "foreign nation or government." Historically, the act has only been used during declared wars (War of 1812, WWI, WWII). Critics argue that "invasion" was intended to mean a military attack, not the migration of criminals.

[Precedent]: The Supreme Court has historically given the executive branch broad deference in matters of immigration and national security. However, the Court has also recognized some due process rights for non-citizens. In Ludecke v. Watkins (1948), the Court upheld the continued use of the Act after hostilities ceased in WWII, but it has never ruled on whether the actions of a gang can trigger the Act.

[Federalism]: The proclamation asserts federal authority over immigration and national security, areas where the federal government's power is well-established. It does not directly overstep into powers reserved for the states, but it relies on cooperation with state and local law enforcement.

Potential Legal Challenges:

The proclamation was immediately challenged in court. Legal challenges are likely to argue:

  • The President's declaration of an "invasion" is an unconstitutional overreach, as the actions of a gang do not constitute an attack by a "foreign nation or government."
  • The Act's provision for summary apprehension and removal without a hearing violates the Fifth Amendment's Due Process Clause.
  • The action exceeds the authority granted by the Alien Enemies Act itself, which is aimed at removal, not post-removal detention in third countries.
  • Federal courts have already blocked similar presidential proclamations aimed at shutting down the border, finding they conflict with existing asylum laws passed by Congress.

Your Action Options

TO SUPPORT THIS PROCLAMATION

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to support the President's proclamation to use the Alien Enemies Act to remove members of the Tren de Aragua gang."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact your representatives and members of the House and Senate Judiciary and Homeland Security Committees to express your support for the firm stance against TdA.
  • Join an Organization: Research and support organizations that advocate for stricter immigration enforcement and national security measures.

TO OPPOSE THIS PROCLAMATION

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose the President's use of the Alien Enemies Act as an unconstitutional overreach that violates due process."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper arguing that existing laws are sufficient to handle criminals and that this proclamation is a dangerous precedent that targets a specific nationality.
  • Join an Organization: Support civil liberties and immigrant rights organizations that are challenging this proclamation in court, such as the American Civil Liberties Union (ACLU) or the National Immigrant Justice Center.