“Until Trump took office in January, the AEA had been invoked only three times in 226 years: during the War of 1812, World War I, and World War II. All of those situations fell into the “declared war” category. The AEA has never previously been invoked in response to a putative “invasion or predatory incursion” outside the context of a declared war. That is the threat Trump cites to justify peremptorily deporting suspected members of the Venezuelan gang Tren de Aragua.”
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“Trump does not claim to be at war with Venezuela. Nor does he claim that the Venezuelan government has mounted an “invasion or predatory incursion against the territory of the United States.” And a criminal organization, even one that has corrupted or “infiltrated” a foreign government, is not a “hostile nation or government” as those terms are ordinarily understood.
Nor does Trump’s understanding of “invasion or predatory incursion” make sense in the context of the AEA. “As the Supreme Court and past presidents have acknowledged, the Alien Enemies Act is a wartime authority enacted and implemented under the war power,” Katherine Yon Ebright, a lawyer at the Brennan Center for Justice who specializes in national security issues, explained last fall. “When the Fifth Congress passed the law and the Wilson administration defended it in court during World War I, they did so on the understanding that noncitizens with connections to a foreign belligerent could be ‘treated as prisoners of war’ under the ‘rules of war under the law of nations.’ In the Constitution and other late-1700s statutes, the term invasion is used literally, typically to refer to large-scale attacks. The term predatory incursion is also used literally in writings of that period to refer to slightly smaller attacks like the 1781 Raid on Richmond led by American defector Benedict Arnold.””
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“”There is a lot of law about what constitutes a foreign government,” Gelernt told Boasberg. “And I don’t think the United States recognizes [Tren de Aragua] as a foreign government. They recognize Venezuela as a foreign government. I think that’s the
historic understanding of the statute.”
Gerlent also questioned the government’s definition of “invasion or predatory incursion”: “We think the Court certainly can review whether immigration constitutes some kind of invasion….We know of no historical precedent that would suggest that straight migration or noncitizens coming and committing crimes constitutes an invasion within the meaning of the statute or the Constitution.””
“The Trump administration announced Friday that it would end a program that allowed hundreds of thousands of migrants to live and work in the United States. Established under President Joe Biden, the initiative offered legal status and work authorization to Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) who passed security screenings and secured U.S.-based financial sponsors.
Over 500,000 migrants used the program to come to the U.S. legally—suggesting that many people will choose an accessible legal pathway over illegal entry. Getting rid of the CHNV program eliminates that choice for future migrants and penalizes those who came to the country “the right way.””
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“With CHNV benefits set to expire on March 25, many of the program’s half-million beneficiaries could soon find themselves living and working in the U.S. illegally.”
“The flights suggest the Trump administration may be growing more brazen in its defiance of judicial restraint. The U.S. Constitution established the judiciary as a co-equal and independent branch of government.
Trump has sought to push the boundaries of executive power since taking office in January, cutting spending authorized by Congress, dismantling agencies and firing tens of thousands of federal workers.”
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“On Monday, Trump’s border czar, Tom Homan, said the flights were already in international airspace when the judge’s orders came and that more flights would continue.
“Once you’re outside the border, you know, it is what it is. But they’re in international waters, already on the way south, close to landing. You know what? … We did what we had to do,” he told Fox News’ “Fox & Friends” program.
Asked what was next, Homan said: “Another flight, another flight every day.”
“We’re not stopping. I don’t care what the judges think,” he added.”
“Trump’s administration axed temporary protections for Venezuelan immigrants in the early days of his second term. In less than a month, hundreds of thousands of Venezuelans nationally stand to lose temporary protected status, opening them up to deportation — leaving South Florida Republican Reps. Maria Elvira Salazar, Mario Diaz-Balart and Carlos Gimenez scrambling to try to convince Trump to change his mind.”
“President Donald Trump said Wednesday the United States will end the Biden administration’s concessions aimed at promoting free elections in Venezuela, canceling a license that allowed U.S. oil company Chevron to produce and export oil in the country.”
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“Chevron’s oil exports out of Venezuela reached 294,000 barrels a day in January, the highest level since it resume shipments from its operations there in early 2023, Reuters reported earlier this month citing data from Venezuela’s state-owned company PdVSA. That crude oil went to refineries in the United States, according to the data.
Venezuela produced just over 1 million barrels a day of oil in January, according to data it reported to OPEC.”
Venezuela was almost removed from power, but he survived and then was able to sell more oil thanks to the Americans wanting more oil on the market to counter the scarcity caused by the Ukraine war.
“The United Nations (U.N.) has accused Nicolás Maduro’s Venezuelan government of committing “gross human rights violations” in the wake of July’s disputed presidential election. According to a report.., the regime’s security forces were responsible for killings, forced disappearances, and physical, psychological, and sexual torture.”
There is an alliance of authoritarian countries that include Russia, China, Iran, and Venezuela. They don’t have ideology in common, but they want to maintain authoritarian power over their people. China’s reach doesn’t stay in Asia; they support the autocracy in Venezuela. Russia and Iran also support Venezuela’s dictatorship.