President Trump’s proclamation to use the Alien Enemies Act against Venezuelan gang members has led to immediate legal pushback from the ACLU and Democracy Forward Foundation. They argue that the directive oversteps presidential authority and violates due process rights, as the U.S. is not in a declared war with Venezuela. A temporary restraining order has been granted, preventing deportations under the proclamation while the legal dispute unfolds.

President Trump recently signed a proclamation aimed at addressing members of the Tren de Aragua (TdA), identifying the group as a “designated Foreign Terrorist Organization.” The directive calls for the immediate apprehension and deportation of Venezuelans associated with TdA, asserting that they are engaged in an “invasion” and “irregular warfare” against the United States. The proclamation stated that “evidence irrefutably demonstrates that TdA has invaded the United States and continues to invade, attempt to invade, and threaten to invade the country,” highlighting a series of serious crimes attributed to the group, such as kidnappings and drug trafficking.

This action marks an unprecedented use of the 1798 Alien Enemies Act (AEA), which has historically been invoked during formal wars. Legal experts point out that this statute has only been applied a few times in U.S. history, primarily against nationals from the UK, Japan, and Germany during past conflicts. The AEA allows the President sweeping powers to round up foreign nationals deemed as enemies in times of war or invasion, a situation not currently applicable given the lack of a formal declaration of war against Venezuela or TdA.

In response to the President’s proclamation, the American Civil Liberties Union (ACLU) and the Democracy Forward Foundation filed a lawsuit on behalf of five Venezuelan plaintiffs, protecting their identities with pseudonyms. The lawsuit claims that these individuals face imminent risks of deportation to potentially dangerous destinations, including direct repatriation to Venezuela, where they could face persecution under Nicolás Maduro’s regime.

The legal complaint argues that invoking the AEA under current peacetime conditions oversteps presidential authority and violates various statutes, including the Immigration and Nationality Act (INA) and the Fifth Amendment’s due process rights. The plaintiffs emphasized, “the United States is not in a declared war with Venezuela. The United States cannot declare war against Tren de Aragua because it is not a nation. And neither Venezuela nor Tren de Aragua have invaded or threatened to invade the United States.”

US District Chief Judge James Boasberg responded swiftly, issuing a temporary two-week restraining order against the deportation of the targeted Venezuelans. This order prohibits immigration officials from transferring or deporting these individuals, providing a crucial moment for legal review and consideration of the impending actions under the AEA. Critics have labeled the proclamation as a significant overreach designed to circumvent existing immigration laws. Arthur Spitzer, an attorney with the ACLU, stated that “there is no foreign military action to justify President Trump’s intended invocation of this act, making his actions not only unlawful but an outright assault on fundamental rights.”

In conclusion, President Trump’s invocation of the Alien Enemies Act against Venezuelan gang members faces immediate legal challenges. The ACLU and Democracy Forward Foundation have filed a lawsuit to protect Venezuelans at risk of deportation, asserting violations of statutory and constitutional rights. The legal implications of this unprecedented move raise questions regarding presidential authority and the treatment of noncombatants during peacetime. Critics warn that this action could undermine fundamental rights and the principles of due process in immigration proceedings.

Original Source: www.jurist.org

Related posts:

Maduro Addresses U.S. Deportation Flight Disruptions Following Chevron License Revocation President Trump Attempts Deportation of Venezuelan Gang Under Wartime Law Chevron’s Response to Trump’s Revocation of Venezuelan Oil Permit Trump Administration’s Controversial Deportation of Migrants Amid Court Order