Civics 101 How is the Alien Enemies Act being used right now?
Jun 10, 2025
Liza Goitin, Senior Director of the Liberty and National Security Program at the Brennan Center for Justice, dives into the controversial use of the Alien Enemies Act under the Trump administration. She unpacks how this historical law is reshaping deportation policy, particularly targeting Venezuelan nationals. The discussion highlights legal challenges, the balance between national security and due process, and the implications of expanding the definitions of 'invasion'. Goitin also raises questions about constitutional limits and future Supreme Court challenges.
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Alien Enemies Act and Venezuela
- The Alien Enemies Act allows deportation of non-citizens from specific enemy nations during war or predatory incursion.
- The Trump administration uses it to deport Venezuelan gang members linked to the Maduro regime.
Due Process Rights Under Act
- Even under the Alien Enemies Act, detainees have constitutional due process rights.
- Due process includes notice, legal counsel, and opportunity to challenge deportation in court.
Rapid Deportations Begin
- On March 15, 2025, President Trump's Alien Enemies Act proclamation led to immediate deportations to El Salvador.
- Within 90 minutes after the announcement, the first plane with deportees took off from Texas.