President Donald Trump is preparing to invoke a rarely used wartime law to remove illegal immigrants with ties to organized crime. The Alien Enemies Act of 1798, a law allowing the president to expel individuals from nations deemed to be engaging in hostile actions, is expected to be used to accelerate deportations.
The administration is targeting Venezuelan nationals, particularly members of the Tren de Aragua gang, a violent criminal network operating in U.S. cities. Reports indicate that some members of the gang may be detained at Guantánamo Bay as part of the effort to crack down on foreign criminals. The group was recently designated as a terrorist organization.
HERE WE GO AGAIN 🚨 A Federal Judge is preparing to BLOCK Donald Trump’s new order
“President Trump invoked the Alien Enemies Act today. Now, a federal judge is considering a wide-reaching order to block him from deporting non-citizens”
Activist Judges are OUT OF CONTROL pic.twitter.com/jcftLOOpuB
— Wall Street Apes (@WallStreetApes) March 15, 2025
Trump’s approach relies on a provision in the law that applies to nations involved in an “invasion or predatory incursion” against the U.S. His team is arguing that mass migration from Venezuela, along with the financial benefits it brings to the socialist government in Caracas, meets this standard. The administration is also considering applying the same policy to individuals from Cuba and Nicaragua.
🚨JUST ANNOUNCED: President Trump invokes Alien Enemies Act of 1798 to expand U.S. authority to arrest and deport nationals of an enemy nation during wartime
Promise Made. Promise Kept.
"I will invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal… pic.twitter.com/41VqgE8iGb
— AJ Huber (@Huberton) March 15, 2025
Democrats have strongly criticized the decision, with lawmakers including Sen. Richard Durbin (D-IL) and Rep. Pramila Jayapal (D-WA) arguing that migration does not qualify as an invasion under the Constitution. Their objections center on past legal rulings stating that an invasion requires an armed conflict. They did not directly address the law’s reference to “predatory incursion.”
Trump’s immigration policies have taken a hardline approach since his return to the White House. More than 32,000 illegal immigrants have been arrested in his first 50 days in office, and deportation flights have already begun, according to White House press secretary Karoline Leavitt.
During his campaign, Trump repeatedly vowed to use the Alien Enemies Act to fight foreign gangs operating in the U.S. “We will dismantle every migrant criminal network,” he said during an October rally. The administration’s latest actions signal that promise is being carried out.
The law has been invoked in previous conflicts, including the War of 1812 and both World Wars. Its use in modern immigration enforcement would mark a significant shift in deportation policy.
