Virginia Attorney General Jason Miyares and South Carolina Attorney General Alan Wilson are spearheading an amicus brief, urging the U.S. Court of Appeals for the D.C. Circuit to remove a nationwide temporary restraining order that they say is preventing the immediate deportation of alleged violent noncitizen Tren de Aragua gang members.
Miyares and Wilson join 24 other state attorneys general in the coalition, which argues that the order threatens public safety and national security—ultimately putting American lives at risk. This push comes after a judge for the U.S. District Court for the District of Columbia temporarily blocked the deportations of the Venezuelan gang members under an 18th-century wartime declaration on Saturday evening. However, sources say flights were already airborne at the time of the ruling and the administration asserted that the order had no lawful basis.
Recommended Videos
President Donald Trump invoked the Alien Enemies Act of 1798 to deport about 250 people, a law that has only been used three times in U.S. history and during times of war. Previously, it was enforced in the War of 1812 and World Wars I and II.
Miyares described Tren de Aragua as “one of the most dangerous transnational criminal organizations in the world,” stating that it’s responsible for brutal crimes, including murders, kidnappings, extortion and human, drug and weapons trafficking.
“The core duty of government is to protect its citizens. The President, acting within his constitutional and statutory authority, did just that by ordering the removal of TdA gang members who have no legal right to be in this country and pose a direct threat to Americans’ safety. TdA is a violent transnational criminal organization responsible for heinous crimes across the United States. The law is clear, and so is our position,” said Miyares.
He added: “The President’s executive order is grounded in clear constitutional and statutory authority to remove TdA members, and the states assert that the district court overstepped its bounds by issuing a restraining order without fully considering the Executive Branch’s compelling interest in national security—in fact, without any briefing from the federal government at all.”
Last week, Miyares announced an alliance with the Virginia Homeland Security Task Force (VHSTF), an interagency coalition of local, state and federal authorities dedicated to combating transnational organized crime.
Within two weeks, task force members have arrested more than 200 violent criminals, including six known TdA affiliates.
The following states joined Virginia and South Carolina’s coalition:
- Alabama
- Alaska
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Mississippi
- Missouri
- Montana
- Nebraska
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- South Dakota
- Tennessee
- Texas
- Utah
- West Virginia
Read the brief here.
