On March 15, 2025, President Donald Trump issued a Presidential Proclamation titled Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua. The Proclamation invokes a statute called the Alien Enemies Act, which is codified at 50 USC 21. 50 USC 21 reads as follows:
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
50 USC 21
President Trump found that Tren de Aragua (“TdA”), a Venezuelan gang which has been designated by the United States as a Foreign Terrorist Organization, “is perpetrating, attempting, and threatening an invasion or predatory incursion against the United States.” He further found that it was doing so “both directly and at the direction, clandestine or otherwise, of the Maduro regime in Venezuela.” As a result, President Trump proclaimed that the following individuals are subject to being “apprehended, restrained, secured, and removed as Alien Enemies”: (1) Venezuelan citizens 14 years of older who are (2) members of TdA, (3) present in the United States, and (4) are neither naturalized citizens or lawfully admitted for permanent residence. Individuals so described “are subject to immediate apprehension, detention, and removal…” The Proclamation provides that “Alien Enemies apprehended pursuant to this proclamation shall be subject to detention until removed from the United States…” Moreover, Venezuelan members of TdA who are 14 years are older are barred from entering the United States. Finally, while the Alien Enemies Act does provide for exceptions for otherwise subject aliens who are not chargeable with actual hostility against the United States (see 50 USC 22), President Trump found that all members of TdA are chargeable with actual hostility.
As of the publication date of this article, President Trump’s invocation of the Alien Enemies Act only applies to nationals of Venezuela 14 years or older who are members of TdA and are not U.S. citizens or lawful permanent residents. Any aliens who are subject may be arrested, detained, and removed without access to the ordinary protections afforded to aliens subject to removal. The Proclamation does not apply to non-Venezuelan members of TdA or lawful permanent residents, although these individuals may be subject to removal under regular removalk provisions. It is important to note that 50 USC 21 exists separately from the Immigration and Nationality Act and predates it.
President Trump’s invocation of the Alien Enemies Act is already being subjected to litigation and we expect that it will be the subject of litigation for some time, as it presents novel legal issues. As a general matter, we recommend that noncitizen foreign nationals who are concerned that they may be subject to detention, removal, or other adverse consequences, whether under the new Presidential Proclamation or regular removal provisions, consult with an experienced immigration attorney for case-specific guidance.
