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Invoked Alien Enemies Act of 1798 to authorize mass deportation of Venezuelan nationals

March 15, 2025

4
Level

Systemic Escalation

Founders' Principles Violated

Guardrails Violated

Why Level 4?

Invocation of wartime act during peacetime for mass deportation. Multiple guardrails bypassed: due process, constitutional rights, separation of powers. Measurable harm to individual rights and asylum protections. Courts ruled action ruled unconstitutional by courts.

What Happened

Context

President Trump invoked the Alien Enemies Act of 1798 on March 15, 2025 to authorize mass deportation of Venezuelan nationals, citing national security concerns related to Venezuela's government. The act, originally designed for wartime use against enemy nationals, was used during peacetime against a specific nationality.

Action Taken

Invoked Alien Enemies Act of 1798 on March 15, 2025 to authorize mass deportation of Venezuelan nationals, including those with legal status and asylum seekers. The act, originally designed for wartime use against enemy nationals, was used during peacetime against a specific nationality. Immigration advocates and legal experts argued the invocation was unconstitutional and violated due process rights. Multiple lawsuits filed challenging the use of the act, with courts issuing preliminary injunctions blocking some deportations.

In His Own Words

"Venezuela is a threat to our national security."

"We need to remove these enemies from our country."

"The Alien Enemies Act gives me the authority to deport them."

What's Wrong

Invocation of Alien Enemies Act during peacetime against specific nationality violates original intent of the act, which was designed for wartime use. Mass deportation without individual due process hearings violates constitutional due process rights. Use of act against asylum seekers and legal residents raises questions about constitutionality. Multiple courts issued preliminary injunctions blocking deportations.

Impact

Constitutional: Violation of due process rights through mass deportation without individual hearings. Legal: Multiple lawsuits filed, courts issued preliminary injunctions blocking deportations. Operational: Thousands of Venezuelan nationals affected, including those with legal status and asylum seekers. Humanitarian: Deportation of asylum seekers to potentially dangerous conditions raises human rights concerns.

Primary Sources