President Trump is considering invoking the Alien Enemies Act of 1798, which allows for the deportation of individuals from designated enemy countries without a hearing, for Venezuelan citizens in U.S. jails. A federal judge has temporarily blocked this action, ordering a 14-day pause. This law has only been used three times during wartime. The Venezuelans fear being labeled as part of a Venezuelan gang and quick deportation.
The law allows for the removal of foreign citizens considered “alien enemies” during a declared war or threat against the United States. It has been used in the past by Presidents Wilson and Truman after the end of hostilities. Truman’s extension was upheld by the Supreme Court as a political judgment.
President Trump has referred to Mexican drug cartels and Venezuelan gangs in war-like terms, leading to concerns among the Venezuelans that they could be quickly deported based on their immigration status and suspected ties to a gang. The lawsuit filed by the Venezuelans has sparked a legal battle over the application of this wartime law in a non-wartime setting.
The government has not formally responded to the lawsuit, but advocacy groups like Democracy Forward and the ACLU are working to protect the rights of the detained Venezuelans. The case is ongoing, with hearings scheduled to determine its class-action status and the potential impact on others in similar situations.
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