https://www.gatestoneinstitute.org/21508/alien-enemies-act-public-safety
The only matter about which there seems no dispute in President Donald J. Trump’s administration having officially designated Tren de Aragua and Mara Salvatrucha (MS-13) as Foreign Terrorist Organizations, is that they are a threat to public safety.
The text of the Alien Enemies Act of 1798, written 10 years after the Constitution was ratified, states:
§21 Restraint, regulation, and removal
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, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
(R.S. §4067; Apr. 16, 1918, ch. 55, 40 Stat. 531. Emphases added)
The decision to deport alien enemies when a “predatory incursion is perpetrated, attempted, or threatened,” is clearly mandated to the president, who recently ordered deportations of members of Venezuela’s Tren de Aragua, and Latin America’s MS-13.
If anyone was deported unjustly, he can file from abroad for a writ of habeas corpus, to protest having been unjustly imprisoned.