The Trump administration invoked the Alien Enemies Act of 1798 on March 15, 2025. The White House claims the eighteenth-century law allows for the swift detention and deportation of suspected members of the Tren de Aragua Venezuelan prison gang. The Department of Homeland Security (DHS) oversees the detention and deportation of suspected Tren de Aragua members.
The Alien Enemies Act is a 1798 law created during the John Adams administration. It allows for foreign nationals living in the U.S. to be arrested, detained, and deported without due process if the country is facing attack or invasion. The law has been invoked twice before, during both World War I and World War II.
The very same day that the Trump administration invoked the Alien Enemies Act, a judge at the U.S. district court in Washington D.C. blocked the government from deporting anyone in U.S. immigration custody subject to the Alien Enemies Act. Despite this block, over 200 individuals were deported to El Salvador over the weekend.
Critics of the Trump administration argued the President defied the court’s order. A spokesperson for the White House denied the claims, arguing the order had no lawful basis and that a single judge can’t direct the movements of government. The administration countered on March 16th by stating Tren de Aragua is closely aligned with the Venezuelan government, and their actions essentially constitute an invasion.
The planes returning individuals to El Salvador had departed but were not long into the flight when the court’s order was released. However, senior White House officials decided to not order the planes to return to the U.S. Trump officials argue that the flights needed a written order to return to the U.S., and that the judge’s verbal order was therefore invalid. It’s unclear if these actions constitute a clear violation of the judge’s block.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
