As the Trump administration continues to abuse the Alien Enemies Act to deport illegal immigrants, Cato Scholar Ilya Somin coauthored an amicus brief on behalf of the Cato Institute and the Brennan Center for Justice, urging the Fifth Circuit to continue to block the Trump administration’s Proclamation from going into effect, in part stating:

“The Trump Administration has invoked the AEA in a Proclamation titled “Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua.” But this order falls well outside the law’s scope. By its text, the Proclamation addresses unlawful migration, narcotics trafficking, and gang violence, none of which constitute an “invasion” or “predatory incursion.” Under no interpretation of the law of war could these civil and criminal matters trigger the AEA’s exceptional powers. The designation of the Venezuelan drug gang Tren de Aragua as a foreign terrorist organization (FTO) does not transform its activities into acts of war.”

To discuss the amicus brief with Ilya Somin, you can contact Christopher Tarvardian.