The Shameful History of the Alien Enemies Act
On March 15, 2025, the Trump Administration invoked the 1798 Alien Enemies Act (AEA), an archaic law that has historically violated due process and constitutional rights. Today, the Trump Administration is again using AEA to unlawfully deport noncitizens without due process. Opponents underscore that the administration is “violating the requirement that the statute be invoked only in response to an act of war, predatory incursion, or invasion by a foreign government.”
The AEA’s Dark History
The AEA has been leveraged only three times in the history of the United States, including to justify and enact the cruel internment of 120,000 Japanese Americans during World War II. The AEA was also used to detain and deport Japanese, Austro-Hungarian, German, and Italian immigrants without due process. The realities of these camps were bleak, writes Mitchell T. Maki:
“West Coast residents of Japanese ancestry were rounded up and transported to barren inland incarceration camps. Most spent the next three to four years behind barbed wire, surrounded by guard towers and deprived of their most basic constitutional rights. There were no charges nor trials. None of those incarcerated was ever convicted of espionage, sabotage or crimes against the nation. In addition to losing their homes, jobs and businesses, these Japanese Americans lost their sense of place at the American table of citizenship.”
In addition to the AEA’s use during World War II, the law was also used during the War of 1812 and World War I, or “three times too many given its history of abuse,” according to the National Immigration Law Center. Both Democratic and Republican leaders have regretted and apologized for the use of the AEA across U.S. history.
The AEA Today
The Trump Administration has used the AEA to target Venezuelan nationals accused—correctly or incorrectly—of being members of the Tren De Aragua, a transnational criminal organization that was recently designated as a Foreign Terrorist Organization by the administration.
Immigration advocates have staunchly opposed the AEA, not only because of its history of abuse but also because the AEA is a wartime authority that only allows the executive branch to detain and deport immigrants that are citizens of foreign nations at war with the United States. However, the United States is not currently at war with Venezuela or any other country.
Nevertheless, the Trump Administration deported more than 200 Venezuelan nationals to El Salvador. This initial group of deportees were detained and deported solely on allegations of being members of Tren De Aragua. Of additional concern are reports that the prison in El Salvador has a history of torture, denials of medical treatment, and even deaths in custody.
Legal Challenges to the AEA
On April 18, the Supreme Court of the United States told the Trump Administration to stop the removal of any additional detainees under the AEA without further order from the court. Earlier, the court had ruled that Venezuelan migrants must receive a court hearing before they are deported. Further, a federal judge in Texas ruled on May 2 that President Trump's use of the AEA to detain and deport Venezuelan immigrants from South Texas was "unlawful."
These court actions appear to bar the administration from immediately resuming deportation flights, but also presents challenges to Venezuelan nationals to defend themselves from deportation individually. In another case, the Trump Administration has failed to facilitate the return of Kilmar Abrego Garcia—who was wrongfully deported to El Salvador—to the United States.
Because Tren De Aragua membership has been determined solely by claims made by the U.S. Government, immigration advocates are concerned that the administration may try to broadly apply the AEA to Venezuelan immigrants in the United States, regardless of whether they have a provable connection to Tren De Aragua.
If you are a Venezuelan citizen who is 14 years or older and you are not a U.S. citizen or lawful permanent resident (LPR), you may be impacted by this Proclamation and should connect to an immigration attorney as soon as possible.
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Please note that this information is general guidance and not legal advice. For legal advice, request a consultation from ICS or speak to an immigration attorney today.