Trump Applies 1798 Wartime Law to Criminal Gang, Not a Nation

Trump invoked the Alien Enemies Act against Tren de Aragua, a Venezuelan gang, marking the first use of this 1798 statute against a criminal organization rather than a foreign state. The law, activated only three times in U.S. history, grants broad detention and removal powers during invasions or wars. Legal scholars expect swift constitutional challenges—the statute's "invasion" language has never been tested against non-state actors, and courts will examine whether criminal enterprises qualify under war powers doctrine.