**Trump's Use of the 1798 Alien Enemies Act for Migrant Deportations Draws Controversy**

Tue Mar 18 2025 02:08:48 GMT+0200 (Eastern European Standard Time)
**Trump's Use of the 1798 Alien Enemies Act for Migrant Deportations Draws Controversy**

The Trump administration's recent deportation of alleged Venezuelan gang members has reignited debate over the 1798 Alien Enemies Act, highlighting divergent opinions on immigration policies.


The deportation of over 200 Venezuelans, allegedly tied to gang activity, has led to significant backlash from human rights advocates, drawing attention to the legal framework employed by the U.S. administration.

The Alien Enemies Act allows the president to quickly detain and deport individuals from "enemy" nations. Critics argue this is a misuse of power, while supporters claim it is a necessary measure for national security.

The article text:

More than 200 Venezuelans accused by the White House of being involved with the notorious Tren de Aragua gang have been deported from the United States to a high-security prison in El Salvador. Of the 261 individuals deported, a senior administration official informed CBS News that 137 were expelled under the 1798 Alien Enemies Act, a law previously invoked by President Donald Trump, accusing the gang of "perpetrating, attempting, and threatening an invasion or predatory incursion" onto U.S. soil.

This action has faced sharp criticism from civil rights organizations, especially considering a preliminary injunction issued by a federal judge aiming to block the deportations. The White House contended that the judge's order did not have legal standing and proceeded with the deportations.

The Alien Enemies Act empowers the U.S. president to order the apprehension and deportation of citizens from nations deemed hostile during times of declared war or invasion. Originally passed in 1798 amidst fears of war with France, the act allows for the detention of persons identified as threats without standard legal proceedings. Historically, it has been used sparingly, including during World War II when more than 120,000 Japanese Americans were interned without trial, along with individuals of German and Italian descent.

Trump's administration claims this is a response to a genuine threat, citing the need to address the activities of gangs like TdA. However, opponents argue that such broad applications of the law are both inappropriate and potentially unconstitutional, with the ACLU challenging the removals, stating the U.S. is not engaged in war with Venezuela.

Reactions to the deportations vary widely. El Salvador’s President Nayib Bukele made a sarcastic remark on social media following news of the judge's order by saying, "Oopsie... Too late." On the other hand, Venezuelan officials condemned the U.S. actions, equating Trump's measures to historic human rights violations, from slavery to Nazi atrocities.

Katherine Yon Ebright from the Brennan Center for Justice criticized the exploitative nature of the law's invocation, emphasizing that it appears to target individuals based on their ancestry rather than substantiated criminal involvement.

This recent application of the Alien Enemies Act presents a complex intersection of national security, immigration policy, and civil rights, amplifying the ongoing debate over how countries balance these critical issues while honoring their commitments to humanitarian principles.

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