WASHINGTON, D.C. – Today, America First Legal (AFL) and U.S. Representative Brandon Gill (R-TX) filed an amicus brief in the Supreme Court of the United States, supporting President Trump’s invocation of the Alien Enemies Act (AEA) to combat the violent Venezuelan gang, Tren de Aragua (TdA) by removing its members from the United States.
The evidence is that TdA is closely aligned with the Maduro regime in Venezuela, including its military and law enforcement apparatus. Furthermore, the evidence is that TdA has invaded the United States at the direction of the Venezuelan government and continues to invade, attempt to invade, and threaten to invade the country; perpetrated irregular warfare within the country; and used drug trafficking as a weapon against American citizens. Based upon a review of TdA’s activities and in consultation with the Attorney General and the Secretary of the Treasury, on February 20, 2025, the Secretary of State designated TdA as a Foreign Terrorist Organization.
AFL and Rep. Gill argue:
I. The President has Absolute Authority: The AEA gives the President absolute authority to determine when an invasion has occurred; this decision is not judicially reviewable.
II. The Violent Invasion by TdA has Ties to the Venezuelan Government: The actions described in the President’s proclamation clearly meet the AEA’s definition of an “invasion.”
II. The AEA Applies to Non-State Actors: Even if TdA were not tied to the Venezuelan government, the AEA would still apply to invasions by non-state actors.
IV. Immigration Court Procedures Do Not Apply to the AEA: The AEA does not grant criminal TdA members the privilege of standard immigration court procedures before removing them from the country. Their dangerous actions require immediate expulsion, which the AEA authorizes the President to do.
AFL has led the efforts to expose TdA’s growing presence and criminal activities in the United States, which began when the Biden-Harris Administration allowed this foreign terrorist organization to enter our country and establish criminal operations.
AFL has previously submitted similar amicus briefs supporting President Trump’s use of the AEA in the U.S. District Court for the District of Columbia and the D.C. Circuit Court of Appeals. However, Judge James Boasberg of the U.S. District Court for the District of Columbia refused to accept AFL’s brief, citing “insufficient time” to read it. While the D.C. Circuit Court accepted AFL’s brief, it declined to stay Judge Boasberg’s temporary restraining order.
AFL will continue fighting to ensure President Trump can fully exercise his lawful authority to protect the American people, defend national security, and expel violent foreign criminals using the Alien Enemies Act.
Statement from America First Legal Vice President Dan Epstein:
“The President declared that the United States is under invasion. The President has the power to make such a determination. The Biden Administration’s failures depict clear reasons why the United States must fight this visceral threat to American self-government and the rule of law. The American people have recognized an invasion, and Congress has not objected to the President’s use of the AEA. As such, no plaintiff is entitled to use the courts to frustrate the President’s exercise of clear constitutional authority,” said Dan Epstein.
Statement from America First Legal Senior Counsel James Rogers:
“AFL is proud to join with Rep. Brandon Gill to stand up for the rule of law and to protect our American citizens. The evidence is that TdA is tied to the Government of Venezuela; members of this violent gang clearly qualify as invading aliens under the Alien Enemies Act. This law was passed more than 226 years ago, and courts have always held that they lack the power to interfere with the President’s authority as Commander in Chief to decide when to invoke the Act and expel aliens under its terms. The notion that a single unelected judge may take it upon himself to micromanage the defense of our nation is an unprecedented and complete corruption of the separation of powers, which is a bedrock feature of our Republic,” said James Rogers.
Statement from U.S. Representative Brandon Gill:
“President Trump has the direct mandate of the American people and holds the constitutional power to deport every alien enemy, from Venezuela or elsewhere, invading our sovereign nation. I proudly join America First Legal in fighting for justice for American citizens in our courts,” said Rep. Gill.
Read the amicus brief here.
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