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Chuck Darwin

Five Questions About Trump's Alien Enemy Act Proclamation

A quick take on some of the questions raised by Trujmp's ... dubious invocation of
a 1798 statute as a basis for arresting, detaining,
and removing non-citizens with ties to Tren de Aragua.

Saturday brought with it a whole bunch of news about the Alien Enemy Act of 1798

In a nutshell, Trump signed a long-anticipated proclamation purporting to invoke the Alien Enemy Act against Tren de Aragua,
a transnational gang with deep roots in Venezuela.

Meanwhile, in a lawsuit filed by the and in Washington, D.C., Chief Judge issued a temporary restraining order
—first against use of the Alien Enemies Act to remove five named plaintiffs potentially being held under the Act;
and, by the end of a multi-hour hearing Saturday afternoon, against use of the statute to remove from the United States just about anyone being held under the 1798 statute.

The government has already noticed an appeal of both orders to the D.C. Circuit (where they have been consolidated), and has asked for an emergency stay pending those appeals,
so things on the litigation front may continue to move … quickly, including, perhaps as soon as this week, to the Supreme Court.

stevevladeck.com/p/132-five-qu

One First · 132. Five Questions About Trump's Alien Enemy Act ProclamationBy Steve Vladeck