President Donald Trump is stretching the definition of “legal” in the case of mass deportations being carried out by his administration.
Trump has invoked the Alien Enemies Act to send hundreds of people with alleged Venezuelan gang ties to El Salvador, ignoring a court order blocking their deportations. The law, passed in 1798 as part of the Alien and Sedition Acts, allows the president to detain and deport non-citizens from countries at war with or invading the U.S.
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What is the Alien Enemies Act?
The Alien Enemies Act was passed in 1798 as part of the Alien and Sedition Acts in the United States. It grants the president the authority to detain, restrict, or deport nationals from foreign countries that are at war with the U.S. during times of national emergency or conflict. The Act targets “alien enemies”—foreign nationals from nations with which the U.S. is engaged in hostilities. Under the law, the government can impose restrictions on their movement, detain them, or deport them if they are considered a threat to national security.
Though rarely used, the Alien Enemies Act remains in effect today, and it provides a legal basis for actions during wartime. It was notably applied during World War I and World War II, and, in recent history, there has been discussion about its potential use during national security threats. The law reflects the government’s power to protect the nation during times of war.
It is especially telling that Trump is going to such lengths to deport immigrants while immigrants and children of immigrants make up at least 15% of the current U.S. Congress, according to a Pew Research Center analysis.
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In this latest spate of deportations, the Trump administration did not comply with a court order and deported over 200 Venezuelans alleged by the White House to be gang members. The alleged gang members have been moved to a supermax prison in El Salvador.
On Saturday evening, District Judge James Boasberg in Washington D.C. ordered a 14-day halt to deportations covered by Trump’s proclamation, pending further legal arguments.
President of El Salvador, Nayib Bukele took to social media and wrote that 238 members of the Venezuelan gang Tren de Aragua, as well as 23 members of the MS-13 gang, had been brought to the country on Sunday morning.