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Proclamation 10903: "Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua"

  1. Original Date Announced

    March 14, 2025

    President Trump issued Proclamation 10903 invoking the Alien Enemies Act (AEA) against Venezuela's Tren de Aragua (TdA) gang. The proclamation states that TdA members “have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States.” Under the AEA Proclamation, all Venezuelan nationals 14 years of age or older who are present in the U.S., are neither citizens nor LPRs, and are determined by the U.S. government to be members of TdA are subject to immediate apprehension, detention, and removal. The Attorney General and Secretary of Homeland Security are directed to enforce this order using all available resources. The proclamation also authorizes the seizure of property linked to TdA’s activities. The Proclamation was signed on March 14, made public on March 15, and published in the Federal Register on March 20.

    You are viewing the general entry for this Proclamation. For discrete policies within it and subsequent actions related to them, see the "Associated and Derivative Policies" linked on this page.

    Trump 2.0 [ID #1373]

    2025.03.14 Proclamation 10903 - Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua
  2. Effective Date

    March 14, 2025
  3. Subsequent Trump and Court Action(s)

    • March 15, 2025

      2025.03.15 Class Action Complaint and Petition for Writ of Habeas Corpus - J.G.G. v. Trump

      The American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia filed a class action lawsuit in the D.C. District Court on behalf of 10 Venezuelan nationals challenging the invocation of the AEA. The lawsuit--filed after the AEA Proclamation was signed but before it was made public--argues that President Trump intends to invoke the centuries-old wartime act unlawfully during peacetime to accelerate mass deportations, sidestepping the limits of this wartime authority and the procedures and protections in immigration law. The petition demands a permanent injunction and temporary restraining order against the AEA Proclamation. J.G.G v. Trump, No. 1:25-cv-00766 (D.D.C.).

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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    • March 15, 2025

      2025.03.15 Temporary Restraining Order - Zacarias Matos v. Venegas

      A native of Venezuela detained by Immigration and Customs Enforcement (ICE) obtained a temporary restraining order prohibiting his removal until March 21, 2025, or until the court orders otherwise. The habeas petition was filed without mention of the AEA because the Proclamation had not yet been made public, but the petition challenged removal in the absence of a final order of removal.

      *see litigation note above*

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    • March 15, 2025

      2025.03.15 - Minute Order - J.G.G. v. Trump

      Judge James E. Boasberg granted provisional certification of a class consisting of "[a]ll noncitizens in U.S. custody who are subject to the March 15, 2025, Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua' and its implementation" and enjoined the government from "removing members of such class (not otherwise subject to removal) pursuant to the Proclamation for 14 days or until further Order of the Court." During the court hearing, Judge Boasberg also orally directed the Defendants to "immediately" turn around any planes carrying out people removed under the AEA so that they can be returned to the U.S. and, if any such planes already had landed but passengers had not yet disembarked, to keep them on the plane and bring them back. J.G.G v. Trump, No. 1:25-cv-00766 (D.D.C.).

      *see litigation note above*

      View Document
    • March 20, 2025

      2025.03.20 Reported: Here are the names of the Venezuelans deported by the U.S. to El Salvador - CBS News

      CBS News published a list of the 238 Venezuelan men the Trump administration secretly deported to El Salvador last week. They were accused of being connected to the Tren de Aragua gang and deported under the Alien Enemies Act. When they landed, they were marched into El Salvador’s max-security prison, which set off major backlash and a legal fight over whether the administration ignored a federal judge’s order to stop the flights. The government says all the men had gang ties, but families and lawyers are pushing back and saying that many were deported without warning and have no criminal records.

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    • March 24, 2025

      2025.03.24 Memorandum Opinion - J.G.G. v. Trump

      Judge James E. Boasberg issues a memorandum opinion denying the government's Motion to Vacate the Temporary Restraining Order issued on March 15, 2025, which prohibits the government from removing members of the provisionally certified class under the Alien Enemies Act. The court held that the named plaintiffs and members of the provisionally certified class "are entitled to individualized hearings to determine whether the Act applies to them at all," before they may be deported. J.G.G v. Trump, No. 1:25-cv-00766 (D.D.C.).

      *see litigation note above*

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    • March 26, 2025

      2025.3.26 J.G.G v. Trump, No. 1:25-cv-00766-JEB (D.C. Cir.) - Order Denying Stay of TRO

      On March 26, 2025, the D.C. Circuit, in a 2-1 decision, denied the Trump Administration's motion to stay the Temporary Restraining Order issued on March 15, 2025. J.G.G v. Trump, No. 1:25-cv-00766-JEB (D.C. Cir.).

      *see litigation note above*

      View Document

Current Status

None

Original Trump Policy Status

Trump Administration Action: Presidential Orders
Subject Matter: Border Interior
Agencies Affected: DHS AG DOJ

Commentary

  • 2025.03.18 AILA - Policy Brief: The Alien Enemies Act

    The American Immigration Lawyers Association analyzed the Trump administration's use of the AEA and the open questions concerning the constitutionality and legality of his proclamation.

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  • 2025.03.20 Commentary: Administration Officials Believe Order Lets Immigration Agents Enter Homes Without Warrants - New York Times

    The Trump administration is reportedly interpreting the Alien Enemies Act to allow ICE to enter people’s homes without a search warrant, which would be a major shift in how immigration enforcement works. This interpretation could let agents bypass Fourth Amendment protections that usually require a judge to sign off before someone’s home is searched. Legal experts say this move would undermine a basic constitutional safeguard and give the executive branch far too much unchecked power. While it’s not yet clear if they’ll actually follow through with this interpretation, many are alarmed with the fact that the administration is even considering it. Courts are just starting to weigh in, but the idea that a centuries-old wartime law could be used to skip over warrant requirements today is concerning to many.

    Go to article
  • 2025.03.28 The Divide on the Right Over the Alien Enemies Act - The Dispatch

    The Dispatch reports on a divide among conservatives regarding the use of the Alien Enemies Act. While some conservatives, like legal scholar John Yoo and Center for Immigration Studies ED Mark Krikorian, argue that some form of due process (such as an individualized hearing) is required, some GOP lawmakers, such as Sen. Josh Hawley, believe noncitizens are "not entitled to due process" in immigration-related circumstances.

    Go to article

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