Affirms the President's authority to repel the alleged invasion of the U.S. by the Tren de Aragua gang, designated as alien enemies.
Andy Biggs
Representative
AZ-5
This bill recognizes Tren de Aragua as a foreign terrorist organization perpetrating an invasion of the U.S. It affirms the President's authority to repel this invasion by apprehending, detaining, and removing members and affiliates of the group, citing constitutional powers and the Alien Enemies Act. The bill highlights Tren de Aragua's violent activities across multiple states and asserts the need to remove these alien enemies for national safety.
Resolution Labels Tren de Aragua 'Alien Enemies,' Affirms Presidential Power for Removal Under 1798 Act
This resolution takes a firm stance, officially recognizing the Venezuelan gang Tren de Aragua as a terrorist organization and labeling its members and affiliates as "alien enemies." It declares their activities constitute an "invasion" of the United States. Crucially, it affirms the President's authority, drawing on the Alien Enemies Act of 1798 and constitutional powers as Commander in Chief, to apprehend, detain, and remove these individuals from the country.
Dusting Off an Old Playbook: The Alien Enemies Act
The core of this resolution rests on invoking the Alien Enemies Act, a law dating back to 1798. This act grants the President specific powers during times of declared war or invasion – including against non-state actors, according to the resolution's interpretation. The resolution points to a January 20, 2025, designation of Tren de Aragua as a foreign terrorist organization and a March 15, 2025, presidential proclamation invoking the Alien Enemies Act, which also alleges direction from the Maduro regime in Venezuela. It essentially gives a legislative nod to the idea that the President already has the tools needed to tackle this specific group under this centuries-old law.
Connecting the Dots: Alleged Crimes and Real-World Impact
Why the focus on this group? The resolution doesn't mince words, linking Tren de Aragua members to a series of high-profile violent crimes across the U.S. – citing specific incidents like the murders of Laken Hope Riley and Jocelyn Nungaray, armed takeovers of apartment complexes, confrontations with law enforcement, and shootings of police officers. It also notes the group's presence in at least 19 states by March 2025. By listing these alleged acts, the resolution aims to build a case for why extraordinary measures, like invoking the Alien Enemies Act, are deemed necessary for public safety.
The Fine Print: Who's an 'Affiliate' and What About Due Process?
Here's where things get potentially tricky. The resolution affirms the power to act against both "members and affiliates" of Tren de Aragua. What constitutes an "affiliate" isn't clearly defined in the text provided, raising questions about how broadly this authority could be applied. Could someone with only loose ties get caught up? Furthermore, using the Alien Enemies Act raises significant questions about standard legal procedures. This Act historically allows for actions like detention and removal with potentially fewer due process protections than typically afforded under immigration law, especially when the term "invasion" is invoked. While targeting a violent gang is the stated goal, the use of this specific legal framework could have wider implications for how individuals suspected of affiliation are treated, potentially impacting Venezuelan immigrants or others perceived to be connected to the group, regardless of their actual involvement.