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President Trump Has Invoked the "Alien Enemies Act of 1798" To Remedy Harms Caused By The Biden Administration's Open Border Policy
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President Trump Has Invoked the "Alien Enemies Act of 1798" To Remedy Harms Caused By The Biden Administration's Open Border Policy

The Act provides a President with extraordinary powers to deport aliens from foreign countries due to an "invasion" or "predatory incursion" without going through normal immigration processes.

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Shipwreckedcrew
Mar 16, 2025
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Shipwreckedcrew's Port-O-Call
President Trump Has Invoked the "Alien Enemies Act of 1798" To Remedy Harms Caused By The Biden Administration's Open Border Policy
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This article is a response to yesterday's hot takes on the invocation of the Alien Enemies Ac of 1798 (AEA), and the subsequent TRO, and an order that two illegal aliens from Venezuelans, who were in the process of being moved to prisons in to El Salvador and Honduras, be returned to the US.

Keep in mind that through regular deportation procedures -- as highlighted by Sec. of State Rubio today -- over 220 members of Tren de Arangua (TDA), the massive and violent Venezuelan criminal organization, have already been sent to El Salvador, and will be held there until Venezuela agrees to take them back. My guess is that in most/all of those cases, the deportees agreed to removal, i.e., an Order of Removal was entered by an Immigration Judge and the illegal alien didn't object.

Yesterday was different, and I remain of the view that this is a test case the Trump Admin has purposely triggered in order to RE-establish POTUS authority to use the AEA to address the consequences of the Biden Admin "Open Border" policy. That policy allowed millions of unvetted migrants to enter the country illegally. The ability of the Administration to deport a substantial number of those illegal aliens is limited by the physical facilities necessary to arrest, detain, and hold them while deportation proceedings take place. Having the ability to execute mass deportations of the worst criminal offenders without going through the processes set forth in other federal statutes would increase significantly the pace by which large numbers of such individuals could be removed without burdening the facilities we do have.

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