Featured Issue: National Security-based Immigration Enforcement
Since taking office, the Trump Administration has weaponized alleged threats to national security to justify sweeping and punitive immigration enforcement actions. It has targeted certain noncitizens—especially those it alleges have connections with transnational criminal organizations like Tren de Aragua or Mexican drug cartels—as threats to U.S. national security and public safety. Relying on alarmist language about such groups “invading” the U.S. or conducting “irregular warfare,” the Administration has attempted to invoke extraordinary legal powers under the Alien Enemies Act (AEA) to argue that these individuals should be subject to detention and deportation without due process. Notably, the AEA has only been invoked three times in U.S. history: during the Civil War and World Wars I and II.
On September 2, 2025, a federal judge ruled against the Administration in W.M.M. v. Trump, concluding that it cannot use the AEA to deport Venezuelans to El Salvador based only on alleged gang affiliation. The U.S. Court of Appeals for the 5th Circuit affirmed, finding that Tren de Aragua’s activities in the U.S. do not constitute an “invasion” or “predatory incursion” as required under the statute.
Beyond the AEA, the Administration has also cited concerns about terrorism, narcotics trafficking, and coordination with hostile foreign governments to justify harsh and far-reaching immigration restrictions. On June 4 it issued a proclamation restricting travel from 19 countries, including Venezuela and many Muslim-majority nations. It has invoked national security concerns when terminating temporary protected status, revoking visas and detaining foreign students, and implementing invasive vetting of applicants’ social media profiles. Although intelligence reports and the courts have consistently found insufficient evidence of these alleged threats, the Administration continues to attempt to bypass due process and erode immigrant protections under the pretext of national security.
Browse the Featured Issue: National Security-based Immigration Enforcement collection
DHS Notice of Termination of Temporary Protected Status Designation for Syria
DHS notice that DHS Secretary is terminating the designation of Syria for Temporary Protected Status (TPS). The designation is set to expire 9/30/25, with termination effective 11/21/25. EADs will expire 11/21/25. (90 FR 45398, 9/22/25)
Think Immigration: DC Court Holds Firm Against Trump Attempt to Use 212(f) to End Asylum at Border
In this blog post, Miroslava Becerra Garcia and Amy Grenier dig in to the recent ruling in RAICES v. Noem in the D.C. District Court which found that the Administration did not have the right to suspend the entry of noncitizens at the U.S. Border which would have prevented claims of asylum.
Action Request: Expanding Screening and Vetting for FMJ Applicants
A Department of State cable instructing consular officers to conduct an expanded review and vetting of the online presence of F, M, and J visa applicants.
Presidential Proclamation on Foreign Student Visas at Harvard University
On 6/4/25, President Trump issued Proclamation 10948, which suspends the entry of foreign nationals seeking to study or participate in exchange programs at Harvard University. DOS Secretary may also revoke the visas of current Harvard students on a case-by-case basis. (90 FR 24493, 6/10/25)
Presidential Proclamation Restricting Entry of Foreign Nationals from Certain Countries
On 6/4/25, President Trump issued Proclamation 10949, which enacts total and partial restrictions on immigration and travel to the U.S. for citizens of 19 countries, effective 6/9/25. (90 FR 24497, 6/10/25)
DOS Suspension of Visa Issuance to Foreign Nationals from Certain Countries
DOS announced that in line with the Presidential Proclamation issued 6/4/25, the United States is fully or partially suspending entry for and visa issuance to nationals of 19 countries. The proclamation applies to foreign nationals who are outside the U.S. and do not hold a valid visa as of 6/9/25.
Third-Country Removals: Procedural Protections Afforded by the Preliminary Injunction in D.V.D. v. DHS
Class counsel issued a practice alert on third-country deportations and key protections under the D.V.D. v. DHS preliminary injunction for noncitizens with final removal orders under INA §§240, 241(a)(5), or 238(b), including withholding-only cases.
District Court Permanently Blocks Deportations of Alleged Venezuelan Gang Members under AEA
A Texas federal district court permanently enjoined the Trump Administration from deporting alleged gang members from Venezuela under the Alien Enemies Act (AEA), finding the gang’s conduct within the United States does not constitute an “invasion.” (J.A.V. et al. v. Trump et al., 5/1/25)
District Court TRO Blocks Deportations of Alleged Venezuelan Gang Members under AEA
A Texas federal district court temporarily enjoined the Trump Administration from deporting alleged members of the Venezuelan Tren de Aragua gang under the Alien Enemies Act (AEA). (J.A.V. et al. v. Trump et al., 4/9/25)
Supreme Court Allows Removal of Venezuelans under the Alien Enemies Act
In a case challenging the transfer of Venezuelan immigrants to an El Salvador prison under the Alien Enemies Act, the Supreme Court vacated the lower court’s orders, allowing the government’s actions to proceed. (Trump v. J.G.G., 4/7/25)
Featured Issue: Actions Targeting International Students
This featured issue page brings together information, updates, and resources related to the Trump Administration’s targeting of international students with or without a history of protest for visa revocation, termination of their status, and removal.
Presidential Proclamation Invoking Alien Enemies Act for Tren De Aragua
On 3/14/25, President Trump issued a proclamation invoking the Alien Enemies Act of 1798, targeting for immediate apprehension and removal members of Tren de Aragua (TdA), a transnational criminal organization and a designated Foreign Terrorist Organization from Venezuela. (90 FR 13033, 3/20/25)
Practice Alert: Do You Have Clients Subject to the Alien Enemies Act?
On March 15, 2025, the Trump administration invoked the Alien Enemies Act (AEA), removing hundreds of accused gang members to El Salvador over the weekend despite a Temporary Restraining Order (TRO) issued Saturday evening. Please contact the AILA ICE Liaison Committee if you have affected clients.
Policy Brief: The Alien Enemies Act
Read AILA's analysis of the Trump administration's recent use of the wartime authority, the Alien Enemies Act (AEA). This archaic authority was recently used to remove hundreds of alleged gang members to El Salvador without prior notice or due process.
AILA: Invocation of Alien Enemies Act to Deport Venezuelans to El Salvador is Unconstitutional
AILA President Kelli Stump and ED Ben Johnson responded to President Trump invoking the Alien Enemies Act of 1798, an archaic, draconian law, saying, “No President should be able to resurrect a law from the 1700’s and circumvent our constitutionally and statutorily mandated due process protections.”
Resources on Litigation Challenging President Trump's Invocation of AEA
View the ACLU's webpage providing information on the lawsuit it filed along with Democracy Forward and the ACLU District of Columbia over President Trump's invocation of the Alien Enemies Act of 1798 (AEA). (J.G.G. v. Trump, 3/15/25)
ACLU and Democracy Forward Sue Trump Administration over Expected Invocation of Alien Enemies Act
Read the ACLU and Democracy Forward's press release about suing the Trump Administration over the President's "expected unlawful and unprecedented invocation of the Alien Enemies Act."
USCIS Notice on Collection of Social Media Identifiers on Immigration Forms
USCIS issued a 60-day notice on a proposed new collection of information to collect social media identifiers and associated social media platform names from applicants to enable identity verification, national security and public safety screening, vetting, and inspections. (90 FR 11324, 3/5/25)
Executive Order on Enhancing Visa Vetting and Screening
On 1/20/25, President Trump issued Executive Order (EO) 14161 to further enhance the vetting and screening processes across agencies all relevant federal agencies for purposes of visa issuance. (90 FR 8451, 1/30/25)
ICE Releases Statement on “Enhanced Targeted Operations” in Chicago
ICE issued a short statement that it, along with federal partners, including the FBI, ATF, DEA, CBP, and the U.S. Marshals Service, began conducting “enhanced targeted operations” on 1/26/25 in Chicago to “enforce U.S. immigration law and preserve public safety and national security.”
Brennan Center: The Alien Enemies Act, Explained
The Brennan Center for Justice provides an explainer on the Alien Enemies Act (AEA) of 1798, noting, "This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime."