The Alien Enemies Act has once again become a political point of contention in America.

Presidents can invoke the act’s powers with a proclamation “whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government.” 

The most recent invocation occurred on March 15, 2025, when President Trump issued a proclamation declaring that “all Venezuelan citizens 14 years of age or older who are members of [Tren de Aragua], 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.”

His proclamation is based on a determination that Tren de Aragua gang members are “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States … .at the direction, clandestine or otherwise, of the Maduro regime in Venezuela.” 

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The Biden administration designated Tren de Aragua as a Transnational Criminal Organization to emphasize “the escalating threat........

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