Congress Backs Use of 1798 Alien Enemies Act Against Criminal Group, Declaring Them an 'Invasion'

This resolution is Congress formally signing off on the President’s recent executive actions targeting the transnational criminal organization, Tren De Aragua. Essentially, this isn't a new law, but a powerful endorsement: Congress agrees that this group constitutes an “invasion” of the United States. This agreement is the key that unlocks the Alien Enemies Act of 1798, allowing the President to use broad powers to detain and remove anyone identified as a member or affiliate of the group.

The 1798 Law Gets a Modern Update

The most significant element here is the legal mechanism being affirmed. The Alien Enemies Act of 1798 was designed to deal with foreign nationals from hostile nations during declared wars. This resolution (Section 1) affirms the President’s use of this law against a non-state criminal organization. By declaring Tren De Aragua an “invasion,” Congress provides political cover for the Executive Branch to treat members and affiliates as “alien enemies.” For regular people, this means that individuals identified under this umbrella could be subject to detention and removal from the U.S. using executive authority, potentially bypassing standard immigration or criminal court procedures that offer more robust due process protections.

Who Is an 'Alien Enemy' Now?

The resolution explicitly supports the designation of members and affiliates of Tren De Aragua as “alien enemies” (Section 2). This is where the rubber meets the road: the President is affirmed in his constitutional authority to “catch, hold, secure, and remove” these individuals. If you’re caught up in this, your legal standing changes dramatically. Instead of going through the typical legal process—which can take years and involves multiple levels of appeal—you could be detained and removed much faster based on an executive finding that you are affiliated with the group.

The Real-World Impact on Due Process

While the goal is to quickly remove violent criminals—and the bill cites specific, horrific incidents like the murder of Laken Riley and assaults on NYPD officers—the practical challenge lies in the term “affiliates.” That term is vague enough that it could be interpreted broadly, potentially sweeping up individuals with very tenuous or indirect connections to the group. The core concern here is the expansion of executive power: Congress is essentially rubber-stamping the idea that a criminal organization can be deemed an “invasion,” which then justifies using a centuries-old law that strips away standard due process protections for non-citizens.

The Expansion of Executive Power

This resolution gives the Executive Branch a huge boost of confidence and political support for an aggressive, fast-track approach to detention and removal. It sets a precedent that could allow future presidents to use the label of “invasion” against other transnational criminal groups, potentially expanding this extraordinary power further. For anyone concerned about checks and balances, the key takeaway is that Congress is actively affirming the concentration of power in the Executive Branch to handle what is being defined as a domestic security issue using tools traditionally reserved for declared international conflicts.