National Security-Based Immigration Enforcement

National Security-Based Immigration Enforcement

By Prime Path Immigration Law Firm Limited USA, on Immigration Updates

Since taking office, the Trump Administration has invoked national security concerns to justify expansive immigration enforcement measures, particularly targeting individuals allegedly connected to transnational criminal organizations such as Tren de Aragua and Mexican drug cartels. The Administration attempted to use the Alien Enemies Act (AEA), a statute previously invoked only during the Civil War and World Wars I and II, to detain and deport such individuals without due process, characterizing their activities as an "invasion" or "irregular warfare" against the United States. However, on September 2, 2025, a federal judge rejected this approach in W.M.M. v. Trump, holding that the Administration cannot use the AEA to deport Venezuelans to El Salvador based solely on alleged gang affiliation. The Fifth Circuit affirmed this decision, concluding that Tren de Aragua's activities do not constitute the requisite "invasion" or "predatory incursion" under the statute.

Beyond the AEA, the Administration has cited terrorism, narcotics trafficking, and alleged coordination with hostile foreign governments to implement broad immigration restrictions. These measures include a June 4 proclamation restricting travel from 19 countries, including Venezuela and several Muslim-majority nations, as well as actions terminating temporary protected status, revoking visas, detaining foreign students, and imposing invasive social media vetting requirements. Despite intelligence reports and judicial findings that have failed to substantiate these alleged threats, the Administration continues to pursue policies that circumvent due process protections under the guise of protecting national security.

For more information on this, and other immigration matters, contact the attorneys at Prime Path Immigration Law Firm Limited USA today.

Reference:
Featured Issue: National Security-Based Immigration Enforcement, AM. IMMIGR. LAWS. ASS'N (Oct. 17, 2025), https://www.aila.org/featured-issue-national-security-based-immigration-enforcement.

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