Abstract

On March 15, 2025, President Donald Trump issued a proclamation titled, “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua.” In purporting to invoke the Alien Enemies Act, Trump resurrected a 1798 statute that grants the President extraordinary removal powers in times of “declared war” or “invasion or predatory incursion … against the territory of the United States by any foreign nation or government.” Specifically, this wartime power permits the President to apprehend and remove as “alien enemies” the non-U.S. citizen nationals of the foreign state, as long as they are fourteen or older. Removal is not based on danger, or evidence of a crime, or immigration status. The act thus places significant discretion in the hands of the President in times of war.

Document Type

Op-ed

Publication Date

5-20-2025

Source Publication

Just Security

Keywords

Alien Enemies Act, Civil Liberties, El Salvador, Federal Courts, Immigration, political question doctrine, Presidential Powers, Trump administration second term, War Powers

Disciplines

Immigration Law | Law | Military, War, and Peace

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