The law gives the president the right to arrest, imprison and deport foreign citizens from countries that are considered to threaten the United States through war or invasion. It has previously been used only during the two world wars, and during the war between the United States and the United Kingdom in 1812.
Now it is activated to fight the Venezuelan gang Tren de Aragua, as Donald Trump describes as part of a “criminal hybrid state” that threatens the United States.
According to Trump and his administration, the Venezuelan government has lost control of its territory to transnational criminal organizations. Trump believes that this is an “invasion and a violent intrusion” in the United States, which justifies the use of the law. He also refers to Foreign Minister Marco Rubios Previous classification of Tren de Aragua as a terrorist organization.
The decision has received sharp criticism from human rights organizations and legal experts. They believe that the law can lead to mass expulsions of innocent venezuelanes, especially since it is applied without asylum interrogation or judicial review.
The federal judge JAmes Boasberg Have already put sticks in the wheels for Trump’s plans. Shortly after the president’s announcement, he stopped the expulsion of five Venezuelans and issued an injunction that paused all deportations for at least 14 days. Boasberg also ordered that aircraft with deported Venezuelanes would return to the United States.
The Trump administration is expected to appeal the decision, and the legal process can drag out over time.