WASHINGTON, D.C. – Yesterday, America First Legal (AFL) and U.S. Representative Brandon Gill (R-TX) filed an amicus brief supporting President Trump’s invocation of the Alien Enemies Act (AEA) to combat the escalating threat posed by the violent Venezuelan criminal syndicate, Tren de Aragua (TdA).
The Alien Enemies Act grants the President unilateral authority to determine when the United States is facing an invasion, identify the foreign terrorists involved, and expel them. Courts have repeatedly upheld this presidential power, ruling that the President’s decision to invoke the act is not subject to judicial review. President Trump has rightly recognized that TdA has launched a full-scale invasion of the United States. He is taking the necessary steps to defend the American people and remove TdA from the country.
AFL’s brief supports President Trump’s position in a lawsuit filed by the American Civil Liberties Union (ACLU), which seeks to block President Trump’s decisive action to protect American citizens. The ACLU wrongly claims that dangerous foreign invaders should be granted the same lengthy immigration procedures typically reserved for deportable aliens.
AFL’s brief supports President Trump’s invoking of the AEA to protect American citizens from dangerous foreign entities, arguing:
- The President has Absolute Authority: The AEA gives the President the absolute authority to determine when an invasion has occurred, and that decision is not subject to judicial review — meaning it cannot be challenged in court.
- The Violent Invasion by TdA has Venezuelan Government Ties: The actions described in the President’s proclamation clearly meet the definition of an invasion under the AEA. The proclamation highlights TdA’s violent activities and their ties to the Venezuelan government.
- The AEA Applies to Non-State Actors: Even if TdA were not tied to the Venezuelan government, the AEA would still apply because it allows the President to address invasions by non-state actors.
- Immigration Court Procedures Do Not Apply to the AEA: Under the AEA, the U.S. government is not obligated to put criminal TdA members through standard immigration court procedures before removing them from the country. Their dangerous actions require immediate expulsion, and the AEA allows the President to do this.
AFL has led the efforts to expose TdA’s growing presence and threat in the United States, which began when the Biden-Harris Administration allowed this foreign terrorist organization to gain a foothold and set up business here.
In November 2024, AFL released data and documents showing how the Biden-Harris Administration’s open-border policies turned cities like Chicago into struggling border towns. Later that same month, AFL further released a second tranche of Cook County Sheriff’s documents exposing the dangerous, expanding illegal alien crime web and the politicians protecting them. In February 2025, AFL released documents revealing that Colorado officials downplayed the threat posed by the violent Venezuelan gang TdA, shielding dangerous criminals and endangering American citizens.
AFL will continue to defend President Trump’s authority to remove this dangerous and deadly criminal syndicate from the United States to ensure the safety and protection of American citizens.
Statement from America First Legal Senior Counsel James Rogers:
“TdA is a dangerous invading force sent by the Government of Venezuela to harm our nation and undermine our society. Members of this violent gang clearly qualify as invading aliens under the Alien Enemies Act. This law was passed by Congress in 1798. Until now — for more than 226 years — courts have universally held that they do not have 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. What the ACLU is seeking in this case is unprecedented: that a single unelected judge take upon himself the authority to micromanage the national defense of our nation. This would be a complete corruption of the principle of separation of powers, which is a bedrock feature of our Republic enshrined in the Constitution. AFL is proud to join with Representative Gill to stand up for the rule of law and the protection of American citizens,” said James Rogers.
Statement from U.S. Representative Brandon Gill:
“It’s going to take more than a radical activist like Judge Boasberg to stop President Trump from carrying out the mandate of the American People. I am proud to join America First Legal in leading an amicus brief in support of the president’s efforts to deport these violent Venezuelan illegals that have terrorized our communities for years. His presidency has ushered in a new era of accountability, justice, and security for our nation,” said Rep. Gill.
Read the amicus brief here.
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