Immigration Watch: Updates as of March 18, 2025

President Trump Invokes the Alien Enemies Act

The Trump administration has taken an unprecedented step in immigration enforcement by invoking the Alien Enemies Act of 1798 to deport Venezuelan migrants alleged to be members of the Tren de Aragua prison gang. This rarely used wartime authority allows a president to detain and remove citizens of a nation considered at war with the United States – or, as the administration has argued, involved in a “predatory incursion.”

Deportations to El Salvador

Following the invocation of the Alien Enemies Act, the U.S. deported hundreds of Venezuelans to the Terrorism Confinement Center (CECOT) in El Salvador, a maximum-security facility known for harsh, overcrowded conditions. The Salvadoran government reportedly offered to accept these deportees for a $6 million fee paid by the United States.

By some accounts, at least 238 alleged Tren de Aragua members were taken into custody in El Salvador, where they remain without clear information about charges, rights, or legal processes.

Notably, many of those deported reportedly did not have criminal records in the U.S., according to internal ICE statements referenced in legal filings – raising questions about how individuals are being identified and labeled for removal under this wartime authority.

Legal Challenges and Court Orders

Almost immediately after the law was invoked, a federal judge, James Boasberg, issued a temporary restraining order intended to halt further deportations under the Alien Enemies Act. However, by the time the court order was issued, several flights carrying deportees had already left U.S. soil and been transported to El Salvador.

The White House responded by arguing that the court order had “no lawful basis” because it was issued after deportations had already taken place. Press Secretary Karoline Leavitt stated that the administration did not refuse to comply with the court order, asserting that the individuals had already been removed from U.S. territory.

Constitutional and Legal Controversy

The Alien Enemies Act was enacted in 1798 and historically intended for use only during declared wartime or in response to an invasion or predatory incursion by a foreign power. Presidents in prior eras used the law during:

• the War of 1812,
• World War I, and
• World War II.

Applying the Act in peacetime, as the Trump administration has, raises significant constitutional questions:

• The U.S. is not at war with Venezuela, and only Congress can declare war.
• The statute’s conditions for invocation (e.g., invasion or predatory incursion by a hostile nation) have not been traditionally interpreted to include non-state criminal organizations.

Legal experts and advocates have raised concerns that using this wartime power in this context may exceed executive authority and could set a dangerous precedent for immigration enforcement without normal due process protections.

---

Broader Implications

Advocates warn that this use of the Alien Enemies Act could open the door for broader deportation efforts targeting other groups, irrespective of criminal history or legal status. Critics also argue that the lack of transparency about detainees’ identities, alleged crimes, and the criteria used for labeling individuals as gang affiliates underscores serious checks-and-balances concerns in the implementation of this policy.

---

I will continue monitoring these developments and provide updates as more information becomes available. To read more about what I’ve written about today and more, you can subscribe to my bi-weekly LinkedIn newsletter, Immigration Watch.