Explainer: The Trump Administration's Expulsion of Immigrants Under the Alien Enemies Act
- Center for Human Rights and Constitutional Law
- Apr 16
- 4 min read
Published April 17, 2025
Under the current Trump Administration, immigrants are being forcibly expelled from the United States without due process to a third-country, where they are then imprisoned, under the Alien Enemies Act of 1798. This Explainer attempts to provide a brief overview of what is currently known about the Administration's use of the Alien Enemies Act of 1798 to expel immigrants labeled as “alien enemies.” This information, however, is subject to change, as the Administration continues to alter its immigration policies and practices.
What is the Alien Enemies Act of 1798?
The Alien Enemies Act of 1798 is an old wartime law which gives the President of the United States expanded powers related to detaining and deporting immigrants from enemy nations. The law has only ever been used in times of actual war, such as during World War I and World War II.
On March 15, 2025, the Trump Administration proclaimed that he was bringing back the use of the Alien Enemies Act. Although the U.S. is not currently at war, President Trump declared that he was invoking the law to expel from the U.S. Venezuelan immigrants believed to be members of Tren de Aragua (TdA), a Venezuelan criminal group.
Certain Venezuelan immigrants were then labeled as “Alien Enemies” and summarily expelled from the U.S. Instead of being deported back to Venezuela, these individuals were sent to a third-country - in this case El Salvador. Under normal circumstances, when an undocumented immigrant is legally deported from the U.S., that deportation only occurs after a final “order of removal” has been issued. This order of removal occurs after a legal process where U.S. officials make a determination on whether an individual can stay in the U.S. or whether they must be removed. This legal process does not appear to be occurring with the expulsions under the Alien Enemies Act.
Information is still being gathered about this new practice, and it is currently being challenged in court.
Who is at Risk of Being Expelled under the Alien Enemies Act?
Right now, the Administration’s invocation of the Alien Enemies Act applies to Venezuelan immigrants who are not naturalized and do not have a green card. Additionally, the law is supposed to be applied only to members of Tren de Aragua. However, the U.S. has failed to provide full information about who exactly has been expelled from the U.S. under the Alien Enemies Act, so it cannot be confirmed at this time that only Venezuelan immigrants were expelled.
Moreover, there is currently no confirmed evidence that all the immigrants expelled under the law were actually members of Tren de Aragua. News reports indicate that some of the expelled immigrants were assumed to be Tren de Aragua gang members based on tattoos they had - even if those tattoos had no gang meaning. Many families are coming forward to explain that their expelled loved ones were never connected to Tren de Aragua in any way and were working towards legal status through credible asylum claims or other pathways.
Where are Immigrants Expelled under the Alien Enemies Act Sent?
So far, immigrants expelled from the U.S. under the Alien Enemies Act have only been sent to El Salvador. However, President Trump’s proclamation indicating the Administration’s intent to use this law to target Venezuelan immigrants does not limit the expulsion to only El Salvador, so it is possible that immigrants could be sent elsewhere in the future.
What Happens to Immigrants Expelled under the Alien Enemies Act?
The current practice of expelling immigrants under the Alien Enemies Act is very new. Information is still being gathered about the details of these processes. The explanation provided here is based on the information currently available and may change.
The immigrants who have already been expelled from the U.S. under the Alien Enemies Act were sent to the Centre for the Confinement of Terrorism (CECOT) in El Salvador. CECOT is an extremely large and notorious prison - meant to hold around 40,000 people. The immigrants sent to CECOT appear to be being held as if they were criminal inmates, even though their expulsions were not based on having been convicted of any crime. The El Salvadoran President has said that these immigrants will be detained at CECOT for at least one year and potentially longer. Right now, we do not have further information about what will happen to the immigrants sent to CECOT or any other future third-country under the Alien Enemies Act.
Seeking an Attorney’s Advice
If you believe you or a loved one is at risk of being expelled from the U.S. under the Alien Enemies Act by the Trump Administration, it is important that you immediately seek the advice of a U.S. immigration attorney to help you better understand your rights and options.
This Explainer is not a substitute for legal advice from an immigration attorney.
The explainer is available for download below in both English and Spanish/Español.
Kommentarer