ExecutiveOrdersEO
Proc 10903ProclamationTrump 47 · R

Proclamation 10903

Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua

President Trump invokes the Alien Enemies Act of 1798 to declare members of the Venezuelan gang Tren de Aragua (TdA) as 'Alien Enemies,' authorizing their immediate apprehension, detention, and removal without standard immigration proceedings. The proclamation directs the Attorney General and Secretary of Homeland Security to execute regulations for summary detention and removal of Venezuelan TdA members aged 14+ who are not U.S. citizens or lawful permanent residents.

Federal Register Open PDF 90 FR 13033

Impact dates

  1. Attorney General must prepare and publish policy letter declaring section 1 policy

Key directives

  • Declare all Venezuelan citizens 14+ who are TdA members and not naturalized citizens or LPRs as 'Alien Enemies' liable to apprehension, restraint, securing, and removal
  • Attorney General to prepare and publish policy letter within 60 days
  • Attorney General to transmit letter to Chief Justice, all chief judges, all governors, and state chief judicial officers
  • Immediate apprehension, detention, and removal of all Alien Enemies described
  • Attorney General and Secretary of Homeland Security to apprehend, restrain, secure, and remove every Alien Enemy
  • All executive departments and agencies to collaborate with federal, state, local, and tribal officials to apprehend, restrain, secure, and remove Alien Enemies
  • Attorney General and Secretary of Homeland Security to execute regulations for detention, removal, and seizure of property
  • Attorney General authorized to issue guidance effective immediately upon issuance
  • Property used for TdA hostile activity subject to seizure and forfeiture

Who is ordered

Timeline

Immediate

  • Proclamation takes effect upon signing
  • Alien Enemies subject to 'immediate apprehension, detention, and removal'
  • Summary apprehension authorized for any TdA member found in US territory
  • Attorney General guidance effective immediately upon issuance

Near term (90d)

  • Attorney General must prepare and publish policy letter within 60 days (by May 13, 2025)
  • Letter to be transmitted to Chief Justice, all circuit and district chief judges, all governors, and state chief judicial officers

Long term

  • Potential establishment of detention infrastructure and removal protocols
  • Ongoing litigation challenging Alien Enemies Act invocation and due process
  • Precedent for future use of 1798 statute against designated criminal/terrorist groups
  • Potential diplomatic tensions with Venezuela and regional asylum systems

Risks & tensions

  • Due process and habeas corpus challenges likely; Alien Enemies Act historically used in declared wars, not against criminal organizations
  • Vague membership criteria for TdA creates risk of erroneous detention of non-members
  • Coordination with state/local/tribal officials may create sanctuary jurisdiction conflicts
  • Property seizure provision (sec. 6(d)) broadly defined and may face Fourth/Fifth Amendment challenges
  • Diplomatic friction with Venezuela and potential impact on regional migration management
  • Precedential expansion of 1798 statute to non-state actors in peacetime
Proclamation 10903: Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua · Executive Orders