It’s a grim sign of the times that Old Joe Biden’s regime can open the door to millions upon millions of illegal migrants without a peep from the courts, but as soon as President Donald Trump tries to remove them, our self-anointed moral superiors in the judiciary burn the midnight oil to come up with pretexts to stop him. Trump has been trying to use the 1798 Alien Enemies Act as the legal foundation to remove Venezuelan gang members, but several courts, including the Supreme Court, have stymied him. Now, the final showdown has begun in the 5th U.S. Circuit Court of Appeals.
The Alien Enemies Act of 1798 states that “whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies.”
This law has the admirable directness and simplicity that was characteristic of statute-making in an earlier, less complicated age. The extract above continues for a lengthy paragraph, and then the Act goes on for a couple more, but that’s it. If a similar law were drafted in 2025, it would be 700 pages long.
The Alien Enemies Act has been the law of the land for 227 years, even if it has been ignored from time to time. The Trump administration contends that the Act allows today for the deportation of members of the lethal Tren de Aragua gang, which constitutes a “hybrid criminal state.” Trump issued an executive order on March 15 stating that Tren de Aragua was “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.” That certainly seems to be the case. Tren de Aragua members didn’t come into the country hoping to get jobs and become “Maryland dads.” They came here to traffic in drugs and engage in other crimes. If that isn’t a “predatory incursion,” what is?
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Author: Ruth King
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