Although the justices did not address the legality of Trump's AEA proclamation, they noted that "an individual subject to detention and removal under that statute is entitled to 'judicial review' as to 'questions of interpretation and constitutionality' of the Act," as indicated by the Court's 1948 ruling in Ludecke v. Watkins. Yet the government "did not invoke the Alien Enemies Act against the mafia in the 1950s and '60s," even though "someone could have written a proclamation saying they're entwined with the government of Italy," and no previous president has ever before tried to use the law in a context like that. Defending the logic of Trump's proclamation, Ensign emphasized Tren de Aragua's ties to Venezuela's government, saying the gang is "hopelessly enmeshed with the Maduro regime and carrying out activities, including assassinations of critics of the regime, at the direction of that regime."
Author: Jacob Sullum
Published at: 2025-07-01 21:34:51
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