Trump Set To Invoke 1798 Law For Faster Deportations Of Criminal Migrants

President Donald Trump is preparing to invoke the Alien Enemies Act of 1798 to deport illegal immigrants tied to criminal organizations, according to multiple reports. The move, expected to be announced soon, will allow federal authorities to remove individuals without the typical legal process required under immigration law.

The administration is particularly focused on Venezuelan nationals linked to Tren de Aragua, a violent gang known for criminal activity across U.S. cities. The gang has already been classified as a foreign terrorist organization, and sources suggest some of its members may be detained at Guantánamo Bay. The White House has not confirmed specific details but has signaled a tough stance on migrant crime.

The Alien Enemies Act, which has been used during past conflicts such as the War of 1812 and World War II, gives the president authority to detain or remove individuals from countries deemed a threat. Trump’s administration reportedly intends to designate Venezuela under the law’s provision of “predatory incursion,” citing the large influx of young men and their financial ties to the socialist government in Caracas.

Democrats are strongly opposing the move. A letter from top lawmakers, including Sen. Richard Durbin (D-IL) and Rep. Pramila Jayapal (D-WA), argues that migration does not constitute an “invasion” under the Constitution. They claim courts have previously ruled that an invasion requires armed conflict, but their letter does not address the law’s reference to “predatory incursion.”

Trump has long promised to use emergency powers to address illegal immigration, having previously invoked Title 42 to expel migrants during the pandemic. His administration also declared a national emergency in 2017 to accelerate border wall construction. Now, with more than 32,000 illegal immigrants arrested in the first 50 days of his second term, his approach appears to be ramping up.

During his campaign, Trump pledged to take aggressive action against violent migrant gangs. “We will have an Operation Aurora at the federal level to expedite the removals of these savage gangs,” he said last year.

The White House has already begun deportation flights, according to press secretary Karoline Leavitt, who shared images on X confirming that removals are underway.

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