Originally posted by: CharlesII
This is incorrect. If you read the actual law (50 U.S.C. 21), it states: "Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event".
Now read President Trumps proclamation invoking the Alien Enemies Act of 1798
Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua – The White House
The proclamation makes the case that this is indeed a 'predatory incursion', and that Tren De Aragua is a an officially designated foreign terrorist organization conducting irregular warfare against the United States and that this terrorist organization is tied to the Government of Venezuala.
As Commander in Chief and constitutionally responsible for US foreign policy how is this not within his power to make this determination and invoke this law?
When did Congress delare war, Charles? The first part of the law, which you DIDN'T highlight, specifically mentions a declared war.....which can only be done by Congress.
So, to answer your question, he can't invoke this law because there has been no war declared by Congress.....despite the fact that Tren De Aragua is not actually a foreign nation or government.