As we have discussed over the years here at usagovpolicy.com and in the pages of our book, Not Wasting a Crisis, the Lawless Biden Administration, it would seem a matter of common sense to summarily remove those who enter our country illegally, particularly those who commit more crimes while here. This is especially true when those illegals are members of criminal organizations, such as drug cartels or gangs, and are engaged in murder, rape, drug sales, human trafficking, and other felonies while within our borders.
To this end, President Trump issued a Proclamation on March 15th entitled “invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua.”
“Tren de Aragua (TdA) is a designated Foreign Terrorist Organization,” the Proclamation reads, “with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States. TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking. TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States.”
On this basis, President Trump proclaimed that “all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as Alien Enemies.”
The term “Alien Enemies” is a specific legal term. Under 50 USC Section 21, “[w]henever there Is a declared war between the United States and any foreign nation or government, or any invasion or predatory Incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.”
The statute further states that “[t]he President Is authorized in any such event, by his proclamation thereof…to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom.”
While this proclamation was made on March 15th, in February, Homeland Security made clear its intention to remove illegals from our country who were here to commit more crimes. “Secretary Kristi Noem announced the Department of Homeland Security will fully enforce the Immigration and Nationality Act…and compel [illegal aliens] to leave the country voluntarily…[a]n alien’s failure to depart the U.S. is a crime that could result in significant financial penalty. An alien’s failure to register is a crime that could result in a fine, imprisonment, or both. For decades, this law has been ignored—not anymore.”
Unfortunately, not everyone agrees that criminals from other countries have no place here.
Recently, the Chief Judge for the DC District Court, James Boasberg, issued an order preventing the Trump Administration from deporting persons who are described as “Venezuelan noncitizens whom the government accuses of being part of Tren de Aragua, a criminal gang.” This description comes from the request made by the lawyers representing these persons, identified only by their initials, who are also described as “noncitizen Venezuelan men in immigration custody who face a substantial risk of imminent removal…and have been moved to Texas or are under threat of being transferred to Texas.”
Judge Wilson’s article concludes tomorrow