Trump Revives Alien Enemies Act of 1798 to Target Violent Street Gangs

President Donald Trump has taken a dramatic step to counter alleged threats posed by the Venezuelan gang Tren de Aragua (TdA). On Saturday, Trump invoked the Alien Enemies Act of 1798, a wartime legislation that permits the deportation of natives and citizens of enemy nations without a hearing. However, this bold move faced an immediate legal roadblock, as a federal judge ruled to block the deportation of five Venezuelans and ordered their plane to return to the U.S.

This centuries-old law, previously used during the War of 1812, World War I, and World War II, has rarely seen the light of day in modern times. According to Trump's proclamation, Venezuelan citizens aged 14 and older who are members of TdA and lack legal U.S. residency could be apprehended and deported as "alien enemies." The White House claims the gang has infiltrated the country to conduct irregular warfare and harm Americans.

Yet, the move sparked immediate pushback. Hours before the proclamation was signed, advocacy groups such as the American Civil Liberties Union and Democracy Forward filed a lawsuit, arguing that the law could be weaponized to deport any Venezuelan immigrant, regardless of gang affiliation. Chief U.S. District Judge James Boasberg stepped in, granting a restraining order to halt the deportation of five Venezuelans already in custody. Two planes reportedly en route for deportation were ordered to return, though their status remains unclear.

U.S. Attorney General Pam Bondi issued a fiery statement criticizing the judge's decision, claiming it prioritizes "Tren de Aragua terrorists" over public safety. She vowed to continue efforts to "Make America Safe Again," despite the legal setback.

Opponents of the administration's actions, like Skye Perryman from Democracy Forward, described the invocation of wartime authority as part of an "accelerating authoritarian playbook," accusing the administration of acting in a lawless and harmful manner.

The gang in question, TdA, was officially designated as a foreign terrorist organization by the State Department in February 2025. Its alleged activities include kidnappings, murders, extortion, and trafficking of drugs, weapons, and humans. The group reportedly operates alongside the Venezuelan narco-terrorism enterprise Cártel de los Soles, which is linked to the Nicolás Maduro regime.

Notably, Colorado officials have identified TdA's presence in Aurora, where it has occupied entire apartment complexes and caused significant safety concerns. Local law enforcement has tied the gang to multiple arrests and violent crimes, including a shooting at one of the affected properties.

Trump’s proclamation also fulfills a campaign promise made last October to crack down on TdA members in the U.S. The administration argues that the gang's ongoing illegal migration undermines public safety and furthers hostile objectives against the United States.

An in-person hearing on the lawsuit challenging the proclamation is scheduled for Monday in Washington, D.C. Until then, the debate over whether the Alien Enemies Act of 1798 is a necessary tool or a dangerous overreach continues to rage.