DOJ Cites Maduro Indictment: The Justice Department pointed to Nicolás Maduro’s New York narcoterrorism indictment in defending President Trump’s invocation of the 18th‑century Alien Enemies Act to speed some deportations. Legal Context: DOJ told the 5th Circuit the indictment underscores Maduro’s alleged control over Tren de Aragua and supports the administration’s national security rationale. Unclear Impact: Legal experts say the indictment’s effect on the pending appeal is uncertain; several federal judges have already required due process protections for migrants targeted under the law.
DOJ Points to Maduro Indictment to Defend Trump’s Use of Alien Enemies Act in Fast Deportations
Venezuelan President Nicolas Maduro, and his wife, Cilia Flores appear in Manhattan federal court with their defense attorneys on Monday, January 5. - Christine Cornell
The Justice Department has invoked the recent New York narcoterrorism indictment of former Venezuelan leader Nicolás Maduro as part of its legal defense for President Donald Trump’s use of the 18th‑century Alien Enemies Act to accelerate certain deportations.
In a filing to the 5th U.S. Circuit Court of Appeals, DOJ attorneys argued that developments surrounding Maduro’s criminal case and the administration’s public statements about his actions underscore the Venezuelan government’s alleged control over Tren de Aragua (TdA), a gang the White House designated as a foreign terrorist organization. The filing asserts those facts support the administration’s national security rationale for invoking wartime authority.
What the DOJ Told the 5th Circuit
DOJ lawyers told the New Orleans‑based appeals court that recent events "underscore the Maduro Regime’s control over TdA and TdA’s violent invasion or predatory incursion on American soil," and said that the President’s use of the Alien Enemies Act was part of a high‑level national security mission outside the realm of judicial interference.
The Pending Appeal
The 5th Circuit is scheduled to hear oral arguments later this month in a major challenge to the administration’s use of the statute. Last summer, a three‑judge panel in that court concluded the president had unlawfully invoked the law, finding that the record did not support a "predatory incursion" or "invasion" by TdA members on U.S. soil. The full 5th Circuit later agreed to rehear the case en banc.
Legal Experts Weigh In
Legal analysts say it is unclear whether Maduro’s New York indictment will have any decisive legal effect on the 5th Circuit appeal. Georgetown law professor and CNN analyst Steve Vladeck noted that the indictment’s allegations do not necessarily provide more proof of an "invasion" or "predatory incursion" than the administration’s initial proclamation.
Due Process and Court Rulings
The administration’s interest in the Alien Enemies Act stems in part from its early position that officials could use the law without giving migrants advance notice of their designation or an opportunity to challenge removals before they occurred. Trial judges around the country have pushed back, finding that migrants must receive due process protections. The Supreme Court last year—without definitively ruling on the legality of the president’s invocation—made clear that affected migrants are entitled to some notice and process.
Among the judges who have restricted the administration’s use of the law is U.S. District Judge Alvin Hellerstein in Manhattan, who is overseeing Maduro’s criminal case. Hellerstein barred the administration in May from using the Alien Enemies Act within the Southern District of New York and rejected broad arguments that federal courts have no role in reviewing the executive’s use of the statute.
In mid‑March the administration deported scores of Venezuelans under the wartime authority, but further removals have been put on hold by a series of fast‑moving legal challenges, including the Texas lawsuit now before the 5th Circuit. The outcome of the en banc appeal could determine whether the issue ultimately reaches the Supreme Court for final review.
