Is Tren de Aragua a Military Incursion? You Bet! Judge Boasberg blocks Trump’s use of the Alien Enemies Act to deport Tren de Aragua, despite intelligence linking the gang to Venezuela’s government and acts of sabotage in the U.S. By Bart Marcois

https://amgreatness.com/2025/03/27/is-tren-de-aragua-a-military-incursion-you-bet/

As President Trump fulfills his campaign promise to deport criminal illegal aliens, a blatantly corrupt judge is trying to stop him. Judge James Boasberg, Chief Judge of the U.S. District Court for the District of Columbia, has abandoned all pretense to fairness. I will leave it to others to focus on his conflicts of interest (the FISA Court, his wife, his daughter) and his double standard of justice.

This article is based on an intelligence briefing and refutes Boasberg’s central argument—that it is inappropriate for President Trump to apply the Alien Enemies Act against Tren de Aragua (TdA). Boasberg said TdA is not a foreign government against whom the United States has declared war. But that is a deliberate misreading of the text of the law. The law is quite simple. Here it is, in its entirety:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. [Emphasis added]

The law states clearly that the predicates for invoking the Act include “any invasion or predatory incursion attempted … by any foreign nation or government” and that “the President shall make public declaration of the event.” Are those conditions met?

The president made the required declaration. On March 15, he issued the official proclamation: “I find and declare that TdA is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States. TdA is undertaking hostile actions and conducting irregular warfare against the territory of the United States both directly and at the direction, clandestine or otherwise, of the Maduro regime in Venezuela.”

But does the situation meet the other criteria? Is the criminal gang activity of Tren de Aragua “perpetrated, attempted, or threatened by a foreign nation or government?”

An extraordinary article last week by Miami Herald investigative reporter Antonio Maria Delgado provides clear answers. Delgado interviewed a team of high-level investigators and analysts who have been following the Venezuelan regime for over ten years. The only team member to speak on the record is Gary Berntsen, among the most highly decorated CIA veterans in recent history. I spoke with Berntsen after the article was published. He confirmed that Tren de Aragua was purposely sent to the United States to destabilize our country.

Antonio Delgado quoted Berntsen: “The Venezuelan regime has assumed operational control of these guys [Tren de Aragua] and has trained 300 of them; they have given them paramilitary training, training them to fire weapons and how to conduct sabotage. They have given them all like a four- to six-week course. They put these 300 guys through that course, and then they were deploying them into the United States to 20 separate states.”

Berntsen confirmed those details to me and expanded on them. “Remember, sabotage includes arson,” he said. “Many of these wildfires, industrial fires, the Los Angeles fires, taking advantage of wind and the local conditions, were started by arsonists. How many of them were paid or coerced by TdA or their surrogates?”

Berntsen is coming forward now because two CIA officials leaked false intelligence to the New York Times recently, claiming the agency has no intelligence connecting TdA with the Venezuelan government. But Berntsen showed me proof of the close relationships among Tren de Aragua, the Venezuelan military and intelligence apparatus, Cuban intelligence, and the worst of the Latin American narcoterrorists. He has shared not only the intelligence but also the sources with elements of the U.S. government.

“The CIA doesn’t have the information because they refused to look at it,” Berntsen said. “We tried to brief them about this three years ago, but they were directed by the Biden Administration to ignore it. And now those officials are trying to undermine President Trump.”

President Trump pointed out the tight relationship in his declaration.

Tren de Aragua … operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking.”

Tren de Aragua is a designated Foreign Terrorist Organization (FTO) that operates under the direction of a foreign government in conjunction with other FTOs. It is funded and assisted by narcotraffickers and Mexican drug cartels. It has entered the U.S. clandestinely with the express goal of undermining and destabilizing our country and attacking our citizens. It is set on sabotage, including arson, and is probably responsible for over $300 billion in fire damage in the past year alone.

Review the record:

Predatory? Yes.

Incursion? Yes.

Invasion? Yes. A light brigade-sized force of military-aged men entered our country without permission.

Perpetrated by a foreign nation or government? Yes. TdA was trained, directed, assisted, and funded by the government of Venezuela and its criminal allies, who have more firepower than the military forces of several nations.

Judge Boasberg has no cause to reject President Trump’s invocation of the Alien Enemies Act. President Trump has followed the requirements of the law to the letter. The law applies to many other criminal illegal aliens. President Trump is right to stand firm and protect America and the American people.

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