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1 1 (April 28, 2025)

handle is hein.crs/jggtmsmec0001 and id is 1 raw text is: Congressional ______ *.Research Service informng the qeislative debate since 1914___________________ J.G.G. v. Trump: Supreme Court's Initial Review of Actions Taken Under the Alien Enemy Act April 28, 2025 On February 20, 2025, the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, designated several international cartels as foreign terrorist organizations (FTOs), including the organization known as Tren de Aragua (TdA), as directed by Executive Order 14157, issued on January 20, 2025. President Trump subsequently invoked the Alien Enemy Act (also called the Alien Enemies Act) of 1798 (AEA), declaring that the TdA is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States. The proclamation claims that the group has infiltrated the United States and is conducting irregular warfare and other hostile actions in the country. It directs that all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as Alien Enemies. On March 15, 2025, five Venezuelans in immigration detention filed a lawsuit challenging their potential removal, arguing, among other things, that the AEA does not provide the President with the authority to remove individuals from the United States based on the circumstances described in the proclamation. The court issued a temporary restraining order enjoining for 14 days the removal of the five Venezuelans who are parties to the litigation and then expanded the order to certify the class of Venezuelans who are detained and potentially removable under the proclamation. The government appealed both orders and asked for an emergency stay pending appeal at the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), contesting venue and asserting that it is likely to prevail on the merits, as described below. A divided panel of the D.C. Circuit denied the stay of the temporary injunction, but the Supreme Court granted the government's application for an emergency stay and vacated the district court's order, holding that the petitioners may seek relief only by petitioning for habeas corpus in the district where they are detained. This Legal Sidebar discusses the litigation, captioned J.G.G. v. Trump, with a focus on the government's argument that the United States is experiencing an invasion within the meaning of the AEA. For more information about historical application of the Act, see Legal Sidebar LSB11269, The Alien Enemy Act: History and Potential Use to Remove Members of International Criminal Cartels. Congressional Research Service https://crsreports.congress.gov LSB11295 CRS Legal Sidebar Prepared for Members and Committees of Congress

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