WASHINGTON, DC – There was “no need” for the U.S. President to “invoke the Alien Enemies Act” this past weekend, charged the Brennan Center for Justice after Trump issued a proclamation to, he claimed, detain Venezuelan immigrants who were allegedly members of the “Tren de Aragua” criminal gang.
However, said MSNBC late Monday, the administration refused to provide proof to a federal judge about the need to use the act.
And, Katherine Yon Ebright, counsel in the Liberty and National Security Program at the Brennan Center for Justice at NYU Law, argued that although the Tren de Aragua is a dangerous criminal gang, there was no need to invoke the Alien Enemies Act because immigration law already gives him ample authority to deport the dangerous gang members that harm communities.
“The president can and should vigorously use that power. There’s no need to abuse wartime authority when immigration and criminal law provide such powerful tools” emphasized Ebright, reported the Brennan Center.
The Brennan Center added Ebright claims Donald Trump is invoking the Alien Enemies Act in order to not be required to provide evidence and convince a judge that an immigrant is actually a gang member before deporting them.
Ebright charged this power grab is illegal and the act may only be used to declare wars or armed attacks on the U.S. by foreign governments, noting, “If the courts allow it to stand, this move could pave the way for abuses against any group of immigrants the president decides to target — not just Venezuelans — even if they are lawfully present in the U.S. and have no criminal history.”
According to the Brennan Center, the Alien Enemies Act of 1798 allows the president to detain or deport natives and citizens of another nation during war based on their country of birth. The president invokes the act, but only during times of war or when a foreign government makes a threat.
The Brennan Center adds that the last time this act was invoked was during World War II where thousands of immigrants and even U.S. citizens of Japanese ancestry were wrongfully put into internment camps.
