President Trump’s use of the Alien Enemies Act to deport suspected gang members faces legal challenges.
Trump believes that the alarming human trafficking issues, the large number of fentanyl overdose deaths, and the spike in crimes committed by illegal immigrants justify the extreme measure of invoking this law.
Trump’s Invocation of Wartime Powers
Trump invoked the Alien Enemies Act in March 2025, citing what he described as an invasion of criminals and gang members entering the U.S. under the Biden administration.
“This is a time of war. Because Biden allowed millions of people, many of them criminals, many of them at the highest level. Other nations emptied their jails into the United States, it’s an invasion. These are criminals, many many criminals … murderers, drug dealers at the highest level, drug lords. People from mental institutions. That’s an invasion,” Trump said.
Trump specifically accused the Tren de Aragua, a Venezuelan gang, of operating in the U.S. “at the direction, clandestine or otherwise, of the Maduro regime in Venezuela.”
