Executive Order: Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua

“is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States. TdA is undertaking hostile actions and conducting irregular warfare against the territory of the United States both directly and at the direction, clandestine or otherwise, of the Maduro regime in Venezuela. I make these findings using the full extent of my authority to conduct the Nation’s foreign affairs under the Constitution. Based on these findings, and by the authority vested in me by the Constitution and the laws of the United States of America, including 50 U.S.C. 21, I proclaim that all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as Alien Enemies. I further find and declare that all such members of TdA are, by virtue of their membership in that organization, chargeable with actual hostility against the United States and are therefore ineligible for the benefits of 50 U.S.C. 22. I further find and declare that all such members of TdA are a danger to the public peace or safety of the United States.”

ABC News reports that “Less than two hours after President Donald Trump attempted to invoke the 18th century law to deport alleged members of the Venezuelan gang Tren de Aragua, U.S. District Judge James Boasberg issued a temporary restraining order that blocks the Trump administration from deporting noncitizens currently in custody pursuant to the president’s recent proclamation.”  See also here.  Here is a link to the court order.  Judge Boasberg was appointed by President Obama.

UPDATE (March 17):  Steve Vladeck thoughtfully analyzes five questions raised by the executive order.

KJ