What you need to know about the Alien Enemies Act of 1798
President Trump wants to invoke the Alien Enemies Act of 1798. Here’s what you need to know about the laws of war.
A federal judge ruled on December 22 that the Trump administration must provide court hearings or expedite the deportation of Venezuelan immigrants who were deported to El Salvador’s notorious mega-prisons for alleged ties to criminal organizations.
In his ruling, U.S. District Judge James Boasberg said the federal government denied due process to a group of Venezuelan immigrants who were deported to CECOT, a notorious anti-terrorism prison, earlier this year. The maximum-security facility is known for its harsh conditions and has become a symbol of President Donald Trump’s controversial immigration crackdown.
In March, the Trump administration deported more than 200 immigrants to CECOT. For 137 of them, the federal government justified the move under the Alien and Hostiles Act of 1798, alleging that the men were members of the Venezuelan gang Torren de Aragua.
“By granting the motion, this court declares that the plaintiffs should not have been dismissed with virtually no notice or opportunity to contest the basis of their dismissal, in clear violation of their due process rights,” Boasberg wrote in his opinion.
The judge said the immigrants have the right to return to court to fight their deportation. Boasberg ruled that the Trump administration must submit a plan to allow them to return within two weeks.
The ruling is the latest development in a months-long legal battle in which federal courts have issued varying rulings regarding the Trump administration’s interpretation of the Alien Enemies Act. Some federal judges have ruled against President Trump’s use of the law to expel Venezuelans.
In May, a federal judge in Pennsylvania ruled that the United States could use the Alien Hostiles Act to facilitate the deportation of alleged Venezuelan gang members.
More than 200 migrants to be returned to Venezuela in prisoner swap
Officials previously announced that more than 200 immigrants were deported from the United States to El Salvador on March 15. The federal government sent several men on a plane to CECOT after President Trump invoked the Alien Enemies Act to expedite the deportation of accused gang members without going through standard immigration procedures.
The deportation quickly drew criticism from human rights groups and sparked a legal battle with the Trump administration, alleging a lack of due process.
In July, a group of migrants was released to Venezuela as part of a coordinated prisoner exchange, and 10 Americans held in Venezuela were returned to the United States, officials said.
The Venezuelan government announced that 252 Venezuelans detained in El Salvador have been released. Venezuelan President Nicolas Maduro celebrated the arrival of the two aircraft.
At the time, the Venezuelan government said the men would undergo thorough examinations and return home before being released. The government noted that only seven of the men had serious criminal records.
What is the Alien Enemies Act of 1798?
The Alien Enemies Act of 1798, part of the Alien and Sedition Acts, was enacted under former President John Adams when the United States faced war with France. The law is intended to allow the president to authorize the removal, arrest, and deportation of males age 14 and older from countries at war with the United States.
While the other three Alien and Sedition Acts expired in the early 19th century, the Alien Enemies Act never expired and became part of the U.S. Code.
This law was passed to supplement the Alien Friends Act, allowing the president to deport noncitizens he deems “dangerous to the peace and security of the United States.”
Contributors: Kinsey Crowley and Fernando Cervantes Jr., USA TODAY. Reuters
