The White House published a proclamation signed by President Trump on Saturday, outlining a broad crackdown on members of Tren de Aragua (TdA). The directive ordered the immediate apprehension and removal of all eligible Venezuelan nationals affiliated with the group, arguing that TdA constitutes a “designated Foreign Terrorist Organization” engaged in an “invasion” and “irregular warfare” on US soil.

“Evidence irrefutably demonstrates that TdA has invaded the United States and continues to invade, attempt to invade, and threaten to invade the country,” the proclamation stated, citing a catalog of alleged crimes that include kidnappings, extortion, and drug trafficking.

The proclamation, made pursuant to the 1798 Alien Enemies Act (AEA), 50 U.S.C. § 21, represents the first time in modern history a president has invoked the AEA without a formal declaration of war or a recognized foreign government as the aggressor. Legal scholars note that the law has been used only a handful of times, against British subjects during the War of 1812 and against Japanese and German nationals during the two World Wars. The statute grants the president broad authority to round up and deport citizens of enemy countries in times of war or amid an invasion or hostile incursion.

Within hours of the proclamation, the American Civil Liberties Union (ACLU) and Democracy Forward Foundation filed a lawsuit and emergency application for a temporary restraining order on behalf of five Venezuelans identified only by pseudonyms to protect their identities. The plaintiffs say they risk immediate deportation to countries where they may face imprisonment or torture or direct repatriation to Venezuela, where they fear persecution by the government of Nicolás Maduro.

According to the lawsuit, invoking the AEA in peacetime to bypass traditional deportation procedures is beyond the President’s authority. The complaint alleges multiple statutory and constitutional violations, including breaches of the Immigration and Nationality Act (INA), denial of due process under the Fifth Amendment, and violations of US obligations to protect asylum seekers and those at risk of torture under the Convention Against Torture. “The United States is not in a declared war with Venezuela. The United States cannot declare war against Tren de Aragua because it is not a nation. And neither Venezuela nor Tren de Aragua have invaded or threatened to invade the United States,” the plaintiffs said.

US District Chief Judge James Boasberg granted a two-week restraining order in a virtual hearing on Saturday afternoon, preventing immigration officials from removing certain Venezuelan nationals who were targeted by the President’s proclamation. During that window, immigration officials are prohibited from transferring or deporting Venezuelans covered under the lawsuit on the grounds of the AEA.

Critics of the proclamation called it a “dangerous overreach” designed to bypass the checks and balances of regular immigration laws. Arthur Spitzer, an attorney for the ACLU of the District of Columbia, said in a statement, “There is no foreign military action to justify President Trump’s intended invocation of this act, making his actions not only unlawful but an outright assault on fundamental rights.”