Trump’s Use of Alien Enemies Act Explained

In March 2025, something shocking happened in U.S. immigration policy. The Trump administration revived a centuries-old law—the Alien Enemies Act—to justify the mass deportation of hundreds of young Venezuelan men, many of them asylum seekers. This law, originally created in 1798 for wartime emergencies, had not been used in over 70 years. Its sudden return raised serious legal, moral, and human rights concerns—and has sparked a fierce court battle that’s still playing out.

Here’s what happened, and why it matters.

What Is the Alien Enemies Act?

The Alien Enemies Act (AEA) was written during the presidency of John Adams in 1798. It gives the U.S. President the power to arrest or deport citizens of enemy countries during wartime. It’s only been used a few times in American history—during declared wars like World War I and World War II.

But in 2025, the Trump administration decided to use it… even though the U.S. isn’t at war.

Target: Venezuelan Migrants

By 2025, many Venezuelans were fleeing political and economic crisis under the Maduro regime. Some crossed the U.S. border seeking asylum. Among them were young men that U.S. officials suspected might have ties to Tren de Aragua, a violent Venezuelan gang.

Instead of handling this through regular immigration channels, President Trump—reportedly with advice from longtime aide Stephen Miller—signed a secret order using the Alien Enemies Act to declare these men “enemy aliens.” He claimed they were part of a foreign “invasion” backed by Venezuela’s government, even though no war had been declared.

That decision let the administration bypass normal legal procedures and deport people without giving them a hearing.

A Secret Operation to El Salvador

On March 15, 2025, ICE agents began rounding up hundreds of Venezuelan men held in immigration detention. Many had no criminal record in the U.S.—some were just teenagers who’d recently crossed the border.

Then, in a move kept secret from even some members of the government, the administration put around 250 men on planes and flew them not to Venezuela—but to El Salvador.

Why El Salvador? Because Trump made a deal with Salvadoran President Nayib Bukele. In exchange for $6 million, Bukele agreed to hold the deported Venezuelans in CECOT, a mega-prison notorious for its harsh conditions. This facility is infamous for overcrowding, torture, and lack of basic rights.

The move stunned immigration advocates and sparked a flurry of legal action.

The Courts Step In—Too Late for Some

As news of the deportation flights leaked, lawyers rushed to stop them. A federal judge issued an emergency order to halt the deportations and demanded that any planes still in the air return.

But by then, the flights were over international waters—and the Trump administration refused to bring them back. Officials claimed the court had no authority once the planes left U.S. airspace.

The deportees landed in El Salvador, were immediately shackled, stripped, and imprisoned. The images, posted online by Salvadoran officials, were shocking. Civil rights groups and media outlets condemned the spectacle as political theater.

A few days later, the courts officially blocked any further deportations under the Alien Enemies Act, at least for now. Judges questioned the entire legal basis for the move, with one even saying that “Nazis got better treatment” than these men.

Why This Is So Alarming

This situation is more than just a fight over immigration policy. It’s a serious test of constitutional rights, presidential power, and basic human decency. Here’s why:

• No due process: These men were deported without a hearing. Some may not even be gang members. One example: a man was deported because officials misread his soccer tattoo as a gang symbol.

• No war: The U.S. isn’t at war with Venezuela. Using a wartime law in peacetime stretches legal boundaries in dangerous ways.

• Terrifying precedent: If the government can label a group as “enemy aliens” without a war and ship them off without trial, what’s to stop it from doing the same to others?

• Human rights concerns: The deportees were sent to a foreign prison known for abuse. That could violate international laws against torture and arbitrary detention.

What Happens Now?

The courts have blocked further deportations under the AEA, but 238 Venezuelan men remain locked up in El Salvador. Their lawyers are trying to bring them back. The Trump administration is looking for ways to keep them out.

This case could end up in the Supreme Court—and it could reshape how much power a U.S. President has in the name of national security.

Why We Should All Be Paying Attention

History has taught us what happens when fear and power override justice. From Japanese internment in WWII to Guantánamo Bay after 9/11, the U.S. has made grave mistakes when due process is pushed aside.

Using the Alien Enemies Act to bypass the Constitution in 2025 is another step down that path. Whether you support or oppose Trump’s immigration policies, this case raises a simple but vital question:

Should any president be able to declare a group of people “enemies” and deport them without a trial—especially when there’s no war?

That’s the battle playing out in the courts now. And the outcome could change the meaning of justice in America for years to come.