Evergreen Reporter

America First Legal and U.S. Representative Brandon Gill have submitted an amicus brief to the U.S. Supreme Court to support President Trump’s measures against the Venezuelan gang Tren de Aragua (TdA). The brief argues for the use of the Alien Enemies Act (AEA) to remove TdA members from the country due to their alleged connections with the Venezuelan government and engagement in activities threatening U.S. security.

Evidence suggests that TdA works in coordination with Venezuela's Maduro regime, undertaking actions classified as irregular warfare, including drug trafficking, in the U.S. On February 20, 2025, the State Department designated TdA as a Foreign Terrorist Organization.

The AFL and Gill's brief outlines four main points. Firstly, it claims the President holds absolute authority under the AEA to identify invasions, whose determinations are not subject to judicial review. Secondly, the TdA's violent actions are categorized as an invasion linked to the Venezuelan government. Thirdly, the AEA should apply to any entity, state or non-state actors, and lastly, emphasizes that standard immigration court procedures do not apply under the Act, permitting immediate expulsion of criminal elements.

The AFL previously attempted to submit similar briefs in lower courts, including the U.S. District Court for the District of Columbia and the D.C. Circuit Court of Appeals, with mixed results. Still, they affirm their commitment to enabling President Trump to utilize lawful authority to safeguard national security through the AEA.

Dan Epstein, Vice President of America First Legal, stated, “The President declared that the United States is under invasion. The President has the power to make such a determination.” AFL Senior Counsel James Rogers added, "AFL is proud to join with Rep. Brandon Gill to stand up for the rule of law and to protect our American citizens." Similarly, Representative Brandon Gill asserted, “President Trump has the direct mandate of the American people and holds the constitutional power to deport every alien enemy.”

The AFL and Gill continue advocating for the full exercise of the President’s authority under the Alien Enemies Act to address and prevent hostile incursions into the United States.