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US President invokes Alien Enemies Act of 1798

US President Donald Trump has invoked the Alien Enemies Act of 1798, claiming the United States is being invaded by a Venezuelan gang. The law gives the President broad powers, allowing him to speed up mass deportation of undocumented immigrants. Trump’s declaration targets the group Tren de Aragua, contending it is a hostile force.

The American Civil Liberties Union and Democracy Forward submitted an urgent lawsuit in Washington’s federal court. They argued that the order would classify Tren de Aragua as a predatory incursion by a foreign government, potentially leading to indiscriminate deportation of Venezuelans.

DC Circuit Chief Judge James E Boasberg issued a temporary restraining order, valid for 14 days, to protect five Venezuelans in immigration custody who were believed to face imminent deportation under the act. Boasberg implemented the order to maintain current circumstances and scheduled a subsequent hearing to consider extending protection to all Venezuelans in the United States.

The act was last used as part of the internment of Japanese-American civilians during World War II and has only been used two other times in American history, during World War I and the War of 1812. The White House has already designated Tren de Aragua a terrorist organisation and is preparing to move about 300 people it identifies as members of the gang to detention in El Salvador.

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