Featured Issue: National Security-based Immigration Enforcement
As the Trump administration increases immigration enforcement on national security grounds, this page will track recent updates and news related to these actions.
3/15/25 - President Trump Invokes the Alien Enemies Act to Deport Certain Venezuelan "Gang" Members to El Salvador
On March 15, 2025, the Trump Administration invoked the archaic Alien Enemies Act of 1798 (AEA). The AEA authorizes the President to apprehend and deport specific non-citizens over the age of fourteen who are not naturalized U.S. citizens if their native country is engaged in a declared war with the United States, or if that country initiates, attempts, or threatens an “invasion” or “predatory incursion against U.S. territory.”
Shortly after its invocation, a Federal District Court granted a Temporary Restraining Order (TRO) to halt the removal of noncitizens to El Salvador. Despite the TRO, the Trump Administration removed over two hundred people to the notorious mega-prison in El Salvador. The American Civil Liberties Union (ACLU) and Democracy Forward are challenging these actions; litigation is ongoing.
Browse the Featured Issue: National Security-based Immigration Enforcement collection
Presidential Proclamation Invoking Alien Enemies Act for Tren De Aragua
On 3/14/25, President Trump issued a proclamation invoking the Alien Enemies Act of 1798, targeting for immediate apprehension and removal members of Tren de Aragua (TdA), a transnational criminal organization and a designated Foreign Terrorist Organization from Venezuela. (90 FR 13033, 3/20/25)
Practice Alert: Do You Have Clients Subject to the Alien Enemies Act?
On March 15, 2025, the Trump administration invoked the Alien Enemies Act (AEA), removing hundreds of accused gang members to El Salvador over the weekend despite a Temporary Restraining Order (TRO) issued Saturday evening. Please contact the AILA ICE Liaison Committee if you have affected clients.
Policy Brief: The Alien Enemies Act
Read AILA's analysis of the Trump administration's recent use of the wartime authority, the Alien Enemies Act (AEA). This archaic authority was recently used to remove hundreds of alleged gang members to El Salvador without prior notice or due process.
AILA: Invocation of Alien Enemies Act to Deport Venezuelans to El Salvador is Unconstitutional
AILA President Kelli Stump and ED Ben Johnson responded to President Trump invoking the Alien Enemies Act of 1798, an archaic, draconian law, saying, “No President should be able to resurrect a law from the 1700’s and circumvent our constitutionally and statutorily mandated due process protections.”
Resources on Litigation Challenging President Trump's Invocation of AEA
View the ACLU's webpage providing information on the lawsuit it filed along with Democracy Forward and the ACLU District of Columbia over President Trump's invocation of the Alien Enemies Act of 1798 (AEA). (J.G.G. v. Trump, 3/15/25)
ACLU and Democracy Forward Sue Trump Administration over Expected Invocation of Alien Enemies Act
Read the ACLU and Democracy Forward's press release about suing the Trump Administration over the President's "expected unlawful and unprecedented invocation of the Alien Enemies Act."
Brennan Center: The Alien Enemies Act, Explained
The Brennan Center for Justice provides an explainer on the Alien Enemies Act (AEA) of 1798, noting, "This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime."