Trump’s Alien Enemies Act: What to KnowAbout ICE Racially Profiling Venezuelans under Tren de Aragua Claims
Written by Jaza Khan, Law Clerk
On March 15, 2025, the American Civil Liberties Union (ACLU), in partnership with the District of Columbia, filed a lawsuit against President Donald J. Trump for his administration’s invocation of the Alien Enemies Act, a law dating back to 1798. The lawsuit, J.G.G. v. Trump, argues that President Trump is unlawfully using this wartime authority during peacetime to fast-track deportations, particularly targeting Venezuelan nationals. The ACLU contends that this approach sidesteps established immigration law and due process protections, setting a troubling precedent.
The Alien Enemies Act: A Wartime Law Used in Peacetime
The Alien Enemies Act allows the government to detain and remove nationals of countries with which the U.S. is at war or experiencing invasion. Historically, this law was most notably used during World War II to justify the internment of individuals of Japanese descent, an action that has since been widely condemned. Using this law outside the context of war, as the Trump administration is now attempting to do, is both unprecedented and legally questionable.
In this case, President Trump issued a proclamation targeting Venezuelans, citing national security concerns and alleged gang affiliations. The administration claims that this move is necessary to combat threats posed by Tren de Aragua, a criminal organization that originated in Venezuela and has reportedly spread into parts of the U.S.
Profiling Through Policy: The ICE Scorecard System
What makes this policy especially troubling is the evidence presented by the ACLU showing that ICE agents are using a “scorecard” system to justify deportations. The document referred to as the Alien Enemy Validation Guide outlines a set of criteria ICE agents can use to determine whether an individual is subject to removal under the Alien Enemies Act. These criteria include factors like tattoos, social media activity, or even age, with a threshold “score” of at least 8 out of 81 points to trigger an enforcement action.
This system enables ICE to target Venezuelans not based on proven criminal activity but on appearance, language, or cultural associations, factors that often have no legal bearing on a person’s immigration status. In doing so, the administration effectively revives racially discriminatory enforcement practices and undermines constitutional rights.
Due Process and the Risk to Immigrant Rights
The use of the Alien Enemies Act in this way poses a direct threat to due process, the cornerstone of the American legal system. It bypasses established immigration courts, removes judicial oversight, and allows for deportation without formal removal orders. For immigrants, particularly Venezuelans, this means they may be detained and removed simply for fitting a profile.
Although a federal judge has temporarily blocked the policy, its introduction highlights the administration’s willingness to stretch executive authority to carry out mass deportations with little transparency or accountability. This approach raises serious concerns about civil liberties, racial profiling, and the future of immigration enforcement in the United States.
What to Do If You’ve Been Targeted
If you or someone you know believes they have been profiled or unfairly targeted under this policy, legal support is critical. You have rights under both immigration and constitutional law, including the right to challenge detention, seek legal counsel, and defend against deportation.
At LehighValley Immigration Law Firm LLC, we are committed to protecting immigrant communities from discriminatory and unlawful enforcement tactics. If you or a loved one may have been affected by recent immigration actions related to the Alien Enemies Act, don’t wait to seek help. Our firm is here to support you through this challenging time.