In News:

In March 2025, the United States deported 261 Venezuelans, including alleged members of the violent Venezuelan gang Tren de Aragua (TdA). The deportation invoked the Alien Enemies Act of 1798, used for the first time since World War II.

What is the Tren de Aragua (TdA)?

• Origin: Formed in 2014 inside Tocorón Prison in Aragua state, Venezuela.
• Evolution: Began as a prison gang under the “pran” system—where incarcerated crime bosses operated external criminal networks.
• Operations: Expanded amid Venezuela's economic crisis (post-2017) to Colombia, Peru, Chile, and later the United States, exploiting Venezuelan migrants.
• Criminal Activities: Drug trafficking, human trafficking, extortion, murder, and kidnapping.
• International Links: Chile accused the Venezuelan regime of facilitating the murder of a former opposition officer in 2023 via TdA operatives.

Presence in the United States

• Size: Estimated 5,000 global members; only a few hundred suspected in the U.S.
• Incidents: Linked to violent crimes in New York, Florida, Texas, Pennsylvania, California, and a high-profile case in Aurora, Denver.
• Designation: Labeled a "Transnational Criminal Organization" in 2023 by the Biden administration. Assets in the U.S. frozen and a $12 million reward announced for its leaders.

Alien Enemies Act (1798):

• Purpose: Allows the U.S. President to detain, deport, or restrict foreign nationals from hostile nations during war or invasion.
• Historic Use:
  • War of 1812: Used against British citizens.
  • WWI & WWII: Used for surveillance, restrictions, and internment of citizens from enemy nations (Japanese, Germans, Italians).
  • Post-War: Used in 1948 to deport a Nazi operative; upheld by the U.S. Supreme Court.

Controversial Invocation in 2025

• First use since WWII to target non-state criminal actors (TdA).
• The White House termed TdA a "terrorist gang" and a "direct threat to national security".
• Claimed that illegal immigration and cartel activity constituted a modern “invasion”, thereby justifying use of the Act.
• Legal Backing: The Act remains constitutional and in force unless revoked.
• Criticism: Civil rights advocates argue its use may violate due process; calls for repeal by some lawmakers due to historical misuse.

Identification of Gang Members

• Criteria (ICE Directive, 2017): Gang tattoos, prior convictions, confessions, or identification by reliable sources.
• Due Process Concerns: Migrants can be deported even if gang membership is unproven before a judge.