Trump invokes Alien Enemies Act; law requires declaration of war

President Trump invokes Alien Enemies Act

PHOENIX - The Alien Enemies Act was first passed in Congress in 1798. It allows a president to detain, relocate, or deport any non-citizen from a country that is considered an enemy of the U.S. during wartime.

What we know:

At this time, no declaration of war has been announced by President Trump, which the law requires.

Trump says the U.S. is being invaded by the Venezuelan gang Tren de Aragua, and that the five Venezuelans he is hoping to deport are part of that gang.

The five Venezuelan suspects are reportedly already in ICE custody.

What they're saying:

Since the announcement, some have speculated whether this will lead to more mass deportations as promised by Trump during his presidential campaign.

Here's a segment from Trump's March 14 speech at a Department of Justice press conference:

"We're turning the page on four long years of corruption, weaponization and surrender to violent criminals, and we are restoring fair, equal and impartial justice under the constitutional rule of law, and you're the people that are doing it."

What's next:

On March 15, a federal judge blocked the order, saying he had to act with speed as migrants were already being flown to El Salvador and Honduras.

What is the Alien Enemies Act of 1798?

The backstory:

The Alien Enemies Act allows the president to detain, relocate or deport non-citizens from a country that is considered an enemy of the United States during wartime.

Congress passed the Alien Enemies Act as part of the four Alien and Sedition Acts of 1798 when the U.S. was about to go to war with France.

The law requires a formal declaration of war before it can be used, but Trump appears to have invoked the law without such a declaration. The sweeping authority of the Alien Enemies Act may sidestep a law that bans the military from civilian law enforcement.