The Alien Enemies Act, 'Public Safety,' the Separation of Powers, and That Little Word 'Or'
by Lawrence Kadish • March 27, 2025 at 5:00 am
Pictured: An agent of the US Immigration and Customs Enforcement agency hands over to authorities in El Salvador an inmate from a flight of deportees who are members of the designated foreign terrorist organizations Tren de Aragua and MS-13, on March 16, 2025 in Tecoluca, El Salvador. (Photo by El Salvador Government via Getty Images)
The only matter about which there seems no dispute in President Donald J. Trump's administration having officially designated Tren de Aragua and Mara Salvatrucha (MS-13) as Foreign Terrorist Organizations, is that they are a threat to public safety.
The text of the Alien Enemies Act of 1798, written 10 years after the Constitution was ratified, states:
§21 Restraint, regulation, and removal
