It’s astounding that the Trump regime has, in effect, successfully rewritten the Alien Enemies Act. Equally extraordinary is that judges, Department of Justice lawyers, and alleged legal scholars have gone along.
The AEA is exceptionally straightforward and clear. It authorizes the president to act under two primary circumstances, both requiring a formal proclamation:
Declared War: The president may invoke the Act during a congressionally declared war against a foreign nation or government. This provision has not been used since World War II, as Congress has not formally declared war since 1942.
Invasion or Predatory Incursion: The Act may also be triggered by an actual, attempted, or threatened invasion or “predatory incursion” against U.S. territory by a foreign nation or government. Critically, the statute specifies that such threats must originate from a sovereign state, not non-state actors like criminal gangs or terrorist organizations.
Gangs are “non-state actors.” On the contrary, these groups engage in armed conflict with governments.
Ricardo Chavira Chicano 