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Politics March 16,2025 | Independence Journal Editorial Team

Trump Plans To Invoke 1798 Alien Enemies Act To Fast-Track Deportations

President Donald Trump is reportedly preparing to invoke the Alien Enemies Act of 1798 to accelerate deportations of illegal immigrants, particularly those with ties to violent gangs like Venezuela’s Tren de Aragua. The move is expected to bypass traditional immigration laws and expedite removals under wartime authority.

The law, which has been used in past U.S. conflicts, allows for the detention or expulsion of individuals from nations engaged in an “invasion or predatory incursion” against the United States. Reports indicate that Trump’s administration will classify Venezuela under this definition, citing the influx of young men into the U.S. and their economic ties to the socialist government in Caracas. Other countries, such as Cuba and Nicaragua, could also fall under this policy.

Trump’s administration already designated Tren de Aragua a foreign terrorist organization, and sources indicate that members of the gang could be detained and sent to Guantánamo Bay. The group has been linked to a surge of violent crimes across American cities, including Aurora, Colorado, where they allegedly took over entire apartment complexes.

During his campaign, Trump repeatedly pledged to use the Alien Enemies Act to crack down on criminal organizations operating in the U.S. “I’m announcing today that upon taking office, we will have an Operation Aurora at the federal level to expedite the removals of these savage gangs,” he declared at an October rally. “Think of that, 1798.”

The policy shift follows a significant increase in immigration enforcement under Trump’s second term. In just 50 days, authorities arrested more than 32,000 illegal immigrants, according to reports. The White House confirmed that deportation flights have already begun, with press secretary Karoline Leavitt sharing images on X.

Democrats have strongly opposed the move, with top lawmakers like Sen. Richard Durbin (D-IL) and Rep. Pramila Jayapal (D-WA) arguing that migration does not meet the constitutional definition of an “invasion.” In a March 11 letter, they insisted that courts have consistently ruled an invasion requires an “armed hostility from another political entity.” However, they did not address the law’s reference to a “predatory incursion.”

Historically, the Alien Enemies Act has been used sparingly, with past applications occurring during the War of 1812 and both World Wars. During World War II, the law was controversially invoked to detain Japanese Americans.

Trump previously used emergency authority in immigration policy, including his 2017 border wall declaration and the 2020 invocation of Title 42 to curb migrant entry during the COVID-19 pandemic.

 

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