Wartime Law Invoked by Trump Gets Blocked by Judge Boasberg

White building with fountain and flower garden front

The Trump administration invoked the historic Alien Enemies Act of 1798 to expedite the deportation of several Tren de Aragua gang members, showcasing an aggressive approach to tackling foreign criminal activities on U.S. soil, however, a federal blocked the order.

Key Takeaways

  • President Trump invoked wartime powers under the Alien Enemies Act for deportations.
  • Tren de Aragua gang, originating in Venezuela, poses significant threats to the U.S.
  • The gang is designated as a foreign terror organization by the Trump administration.
  • Judge James Boasberg issued an order that has blocked Trump’s ability to use the act.

Trump’s Strategy to Combat Foreign Gangs

President Donald Trump sought to activate the Alien Enemies Act of 1798; a move that fast-tracks the deportation process for illegal aliens associated with the Tren de Aragua. This Venezuelan prison gang has been identified as a foreign terror organization responsible for numerous criminal activities across several Latin American countries.

The Act grants the president the authority to arrest, detain, and deport non-citizens from countries engaged in hostilities with the U.S. Despite being a product of a bygone era, the Act’s provisions remain relevant in addressing modern challenges posed by transnational criminal networks. “As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is exactly what I am going to do,” said Trump.

Potential Implications and Legal Hurdles

This initiative faces legal scrutiny as the application of the act typically pertains to wartime scenarios, which Venezuela is not currently engaged in with the U.S. Critics argue that equating gang activity with acts of war sets a contentious precedent and may lead to complex legal disputes.

Not long after invoking the act, Judge James Boasberg issued an order that has since prevented the Trump Administration’s ability to use these wartime powers for deportations, further showing just much of a hot button issue it is.

 

The Role of Guantanamo Bay as a Detention Facility

The U.S. Department of Defense is actively preparing Guantanamo Bay, already infamous for holding terror suspects, to accommodate up to 30,000 illegal alien detainees, focusing on the most dangerous criminals. This decision aligns with Trump’s broader objective of removing destabilizing elements and ensuring national security.

“TdA is a transnational organization that originated in Venezuela with cells in Colombia, Peru, and Chile, with further reports of sporadic presence in Ecuador, Bolivia, and Brazil. This brutal criminal group has conducted kidnappings, extorted businesses, bribed public officials, authorized its members to attack and kill U.S. law enforcement, and assassinated a Venezuelan opposition figure,” noted Trump’s State Department.

While the policy is a bold assertion of executive power aimed at curbing criminal enterprises, it necessitates careful consideration of its consequences for both domestic and international perceptions of U.S. immigration enforcement practices.

Sources

1. Trump Expected To Invoke Wartime Powers To Deport Illegal Tren de Aragua Members

2. Trump to use ‘Alien Enemies Act’ to supercharge deportations, target gang