Alien Enemies Act Proclamation
Secretly signed March 14, invokes the 1798 Alien Enemies Act to authorize deportation of Venezuelans alleged to be members of Tren de Aragua gang to CECOT prison in El Salvador. Multiple federal courts ruled the invocation illegal, finding that gang activity does not constitute an 'invasion' or 'predatory incursion' within the meaning of the Act. 250+ men deported to CECOT.
Details
Secretly signed March 14, invokes the 1798 Alien Enemies Act to authorize deportation of Venezuelans alleged to be members of Tren de Aragua gang to CECOT prison in El Salvador. Multiple federal courts ruled the invocation illegal, finding that gang activity does not constitute an 'invasion' or 'predatory incursion' within the meaning of the Act. 250+ men deported to CECOT.
Date Issued
2025-03-14
Type
Proclamation
Legal & Institutional Responses (8)
J.G.G. et al. - Alien Enemies Act Challenge (D.C. Circuit)
ACLU and Democracy Forward challenged the Alien Enemies Act proclamation. Chief Judge Boasberg issued TROs blocking deportations, found probable cause for criminal contempt of government officials. Administration deported 250+ men to CECOT while court proceedings were ongoing. D.C. Circuit vacated contempt finding but allowed proceedings to continue. Full court declined en banc review 8-3.
Abrego Garcia v. Trump - Wrongful Deportation to CECOT
Salvadoran national with protective legal status wrongfully deported to CECOT prison due to 'administrative error.' Supreme Court unanimously ordered government to 'facilitate' his return. Fourth Circuit Judge Wilkinson warned the government was 'asserting a right to stash away residents in foreign prisons without due process.' Eventually returned and charged with smuggling in apparent retaliation. Judge granted habeas corpus and ordered release from ICE custody.
J.A.V., J.G.G., W.G.H. - Alien Enemies Act (Southern District of Texas)
First ruling on the merits of the Alien Enemies Act invocation. Trump-appointed Judge Rodriguez ruled the use illegal, finding that gang activity does not constitute 'invasion' or 'predatory incursion' within the statute's meaning. The historical record 'renders clear' the invocation 'exceeds the scope of the statute.'
A.A.R.P. et al. - Alien Enemies Act (Supreme Court Stay)
Emergency application to Supreme Court for stay of removal. Supreme Court ordered 7-2 that no putative class members be removed pending further order. Fifth Circuit on remand ruled 2-1 that the Alien Enemies Act was improperly invoked. En banc hearing underway. Government asked during oral arguments whether Beatles 'British Invasion' would qualify - answer: yes.
Guatemalan Children - Emergency Deportation Block
Emergency challenge to deportation of 10 unaccompanied minors aged 10-17. Filed at 1 AM, judge called at 2:36 AM, order issued at 4 AM blocking removals. One plane with children took off and was returned. Children protected under the 2008 Trafficking Victims Protection Law. Sen. Wyden detailed plans to remove ~700 Guatemalan children.
Erez Reuveni - DOJ Whistleblower Complaint
Former acting Deputy Director of DOJ's Office of Immigration Litigation filed formal whistleblower complaint detailing DOJ and White House violations of law. Revealed that Principal ADAG Bove suggested telling courts 'fuck you' and ignoring court orders regarding deportation flights. Reuveni was suspended and fired for telling the truth to courts.
Fifth Circuit - Alien Enemies Act Ruled Improper (En Banc)
Fifth Circuit panel ruled 2-1 that the Alien Enemies Act was improperly invoked, finding conditions for invocation (invasion or predatory incursion by a foreign nation) were not met. Government's absurd position that even the Beatles' 'British Invasion' would qualify was highlighted. Full en banc hearing underway.
Boasberg Return Order — Venezuelan CECOT Deportees
Chief Judge Boasberg ordered the return of 137 Venezuelans deported to CECOT under the Alien Enemies Act, citing 'flagrant' due process violations. The government was ordered to pay for return flights. The administration has not complied and is appealing.
Affected Agencies
- Department of Homeland Security
- Department of Justice
- Department of State