By Natalie Ogami | Downtown Devil
The Trump administration announced re-enactment of the Alien Enemies Act of 1798 to target the “invasion of the United States by Tren de Aragua” on March 14.
Despite being wartime legislation, neither the U.S. nor Venezuela have officially declared war on each other.
Three planes carrying more than 200 migrants landed in El Salvador on March 15, despite the temporary restraining order issued by the U.S. District Judge James Boasberg that same day.
Since then, the American Civil Liberties Union (ACLU) criticized the president’s decision to ignore the court’s ruling, and stated that other migrants could be affected if the courts uphold the President’s use of the Alien Enemies Act.
“If the President can label any group as enemy aliens under the Act, and that designation is unreviewable, then there is no limit on who can be sent to a Salvadoran prison, or any limit on how long they will remain there,” said the ACLU in its response to the motion to repeal the current temporary restraining order.
Arizona political consultant, Tyler Montague, called Trump’s use of the act “a stretch of its original intent” and explained that the legislation would enable the president to “label anybody a dangerous gang member and send you to Guantánamo”.
In Arizona, undocumented immigrants make up nearly 30% of the total immigrant population, totaling to almost 287,000 people. In a state where undocumented people make up roughly 4% of the total population, the act could impact families and communities broadly.
Immigration lawyer, Darius Amiri from the Rose Law Group in Arizona said the president’s action could instill fear within Arizona communities, and emphasized the importance of upholding the rights of migrants who could be affected.
“The discourse will be, ‘these are gang members and criminals, how can you defend that?’ When in reality we are concerned about the rule of law, due process, and our constitutional system of checks and balances,” Amiri said.
Despite the criticism, Republicans in the Arizona Legislature have defended the president’s actions.
“Arizona voters spoke loud and clear last November. They want safe communities, free from criminal illegal aliens. President Trump is delivering on his promise to protect our citizens from terrorists who’ve crossed our border into the US.” Arizona Senate Republicans said in a post on X.
However, immigration lawyer Amiri disagrees. The majority of migrants facing deportation are not “terrorists” but rather people who left their home countries to avoid organized crime, he explained.
“Many of these people have no association with organized crime whatsoever,” Amiri said. “If they remained in their home countries their lives could be at stake.”
