Judges Weigh Trump's Use of 18th Century Wartime Act Against Venezuelan Gang
Judges are deliberating on President Trump's invocation of the Alien Enemies Act against the Venezuelan gang Tren de Aragua amid legal challenges.
Overview
- Judges are evaluating President Trump's application of the Alien Enemies Act against the Venezuelan gang Tren de Aragua.
- The Alien Enemies Act has been historically used during major conflicts like World Wars I and II.
- ACLU attorney Lee Gelernt argues that Trump's actions are inappropriate and misuse the wartime act.
- The court has previously reviewed the act in the context of World War II cases.
- There is a dispute between the government and ACLU regarding the timeline for filing an appeal, whether it should be seven or 30 days.
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Analysis
Center-leaning sources frame the legal debate around Trump's use of the Alien Enemies Act with a focus on historical precedent and judicial scrutiny. They highlight opposing views, particularly from the ACLU, suggesting a critical stance on the appropriateness of Trump's actions. The inclusion of diverse judicial appointments indicates a balanced perspective on the case's implications.
Legal challenges erupted as he flew more than 200 detainees to a notorious prison in El Salvador on March 15 without giving them a chance to challenge their deportation in court.
Many of the detainees denied being gang members and did not have a criminal record.
At least 50 of the Venezuelans were in the United States legally, according to a Cato Institute review.
Articles (3)
Center (2)
"…A federal appeals court grappled June 30 with whether President Donald Trump can use a 1798 law to hasten deportations of alleged members of the Venezuelan gang Tren de Aragua."
USA TODAY·14d·"…The panel that heard Monday’s arguments was comprised of one judge appointed by Trump, one by former President George W. Bush and one by Biden."
Associated Press·14d·FAQ
The Alien Enemies Act is an 18th-century wartime statute historically used during major conflicts like World Wars I and II to handle foreign nationals deemed enemies of the United States.
Legal challenges argue that Trump's use of the Alien Enemies Act against the Venezuelan gang Tren de Aragua is a misuse of the wartime act and violates due process rights, as individuals are being detained and summarily removed without proper legal procedures.
There is a disagreement between the government and the American Civil Liberties Union over whether the timeline for filing an appeal should be seven days or 30 days.
The administration's use of the act has led to summary expulsions of Venezuelan nationals without due process, placing them at risk of indefinite arbitrary detention and torture in foreign facilities, which violates U.S. obligations under international human rights law.
Tren de Aragua is a Venezuelan organized crime group that President Trump has declared part of a 'hybrid criminal state' conducting a predatory incursion into the United States, labeling their members as 'alien enemies' subject to detention and removal under the Act.
History
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