President Donald Trump’s invocation of the Alien Enemies Act (AEA) has ignited fierce debate, with critics on the left arguing that its use is unjustified without a formal state of war or a traditional invasion. However, this perspective overlooks the meticulous legal, political, and fiscal groundwork Trump has laid over the past two months to support this extraordinary measure. Far from an impulsive decision, Trump’s actions—culminating in the AEA’s deployment—reflect a calculated strategy to address what he has consistently described as an “invasion” at the southern border.
President Trump’s invocation of the Alien Enemies Act is not a standalone act but the culmination of a deliberate two-month strategy.
Through executive orders, military deployment, emergency declarations, FTO designations, and congressional funding, he has built a comprehensive legal and political case for its use. The left’s argument—that the AEA requires a war or traditional invasion—ignores the fact that Trump has already declared an invasion, a declaration never successfully challenged in court. Short of declaring war, he could not have made a stronger proclamation, grounding his actions in constitutional duties, statutory powers, and judicial precedent. As a result, the left doesn’t have a legal leg to stand on. Trump’s already built the case by his words and actions.
The American Intelligence Media examines the steps Trump has taken, the legal authorities he has invoked, and why the left’s challenges to his use of the AEA face an uphill battle.

Laying the Foundation: Actions on January 20th
On January 20, 2025, following his inauguration, President Trump wasted no time in addressing the southern border crisis. His administration executed a series of bold moves designed to establish both the factual and legal basis for his later use of the AEA:
Military Deployment to Seal the Border
Trump issued Executive Order 14000, directing the military to “seal the border and repel the invasion.” The order mandated “continuous assessments of all available options to protect the sovereign territory of the United States from mass unlawful entry and impingement on our national sovereignty and security by foreign nations and transnational criminal organizations” (White House Executive Order 14000, January 20, 2025). This action rested on his authority as Commander-in-Chief under Article II of the U.S. Constitution, with exceptions to the Posse Comitatus Act (18 U.S.C. § 1385) allowing military involvement in cases of invasion or insurrection.
National Emergency Declaration
On the same day, Trump declared a national emergency under the National Emergencies Act (50 U.S.C. §§ 1601-1651), stating, “America’s sovereignty is under attack. Our southern border is overrun by cartels, criminal gangs, known terrorists, human traffickers, smugglers, unvetted military-age males from foreign adversaries, and illicit narcotics that harm Americans, including America. This invasion has caused widespread chaos and suffering in our country over the last 4 years” (Proclamation 10000, January 20, 2025). This declaration unlocked additional powers and funding, framing the border situation as a dire national security threat.
Executive Order to Federal Agencies
Trump issued another executive order directing all federal agencies to protect Americans from the “invasion,” invoking his roles as chief executive and chief law enforcement officer under immigration laws, including the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) (Executive Order 14001, January 20, 2025).
Proclamation to Defend the States
A separate proclamation committed the federal government to defend states from the invasion, citing Article IV, Section 4 of the Constitution, which obligates the federal government to “protect each [state] against Invasion,” and referencing the Supreme Court’s decision in U.S. ex rel. Knauff v. Shaughnessy (338 U.S. 537, 542, 1950). This case affirmed the executive’s broad authority to exclude aliens as a “fundamental sovereign attribute” (Proclamation 10001, January 20, 2025).
Designation of Cartels as Foreign Terrorist Organizations
Trump ordered the State Department to initiate the process of designating Mexican drug cartels and criminal gangs as foreign terrorist organizations (FTOs), a move that, if completed, would trigger additional enforcement powers under laws like the Anti-Terrorism and Effective Death Penalty Act (8 U.S.C. § 1189) (White House Press Release, January 20, 2025).
These Day One actions collectively labeled the border crisis an “invasion,” identified the perpetrators, and mobilized federal resources to address it, setting a clear legal precedent for subsequent measures.

Building the Legal Framework
Trump’s January 20th actions were not isolated; they were part of a broader strategy to establish a robust legal basis for invoking the AEA:
Constitutional and Statutory Authority
The military deployment and emergency declaration align with Trump’s Commander-in-Chief powers and the National Emergencies Act. The proclamation defending the states draws directly from Article IV, Section 4, reinforced by judicial precedent like Knauff v. Shaughnessy, which upheld executive discretion in immigration matters.
Foreign Terrorist Organization Process
The push to designate cartels as FTOs, later formalized by the Secretary of State (State Department Designation, February 15, 2025), amplifies Trump’s authority by framing the border crisis as a national security issue involving transnational threats. This designation activates tools such as sanctions and enhanced law enforcement capabilities.
Fiscal Groundwork
Trump secured funding for these operations through a Continuing Resolution (CR) passed by Congress, ensuring the financial resources to sustain military and agency efforts (H.J.Res. 123, Continuing Appropriations Act, 2025). An agreement with El Salvador to house detained “invaders” further bolstered logistical support (U.S.-El Salvador Bilateral Agreement, February 20, 2025).

Invoking the Alien Enemies Act
With this foundation in place, Trump invoked the Alien Enemies Act (50 U.S.C. §§ 21-24) two months later, after securing congressional funding and formalizing key designations. The AEA, enacted in 1798, authorizes the president to apprehend, restrain, secure, and remove “alien enemies” during a declared war or when the U.S. is invaded or in imminent danger of invasion. Trump’s prior declaration of an “invasion”—repeated across executive orders, proclamations, and public statements—meets this statutory threshold. His actions, including military deployment and FTO designations, provide tangible evidence of the threat, aligning with the law’s requirements.
The Left’s Challenge: A Shaky Legal Position
Critics on the left contend that the AEA cannot be used because the U.S. is not at war and the border situation does not constitute a traditional invasion. Legal scholars have argued, “The AEA was intended for wartime scenarios, not immigration enforcement” (The New York Times, March 15, 2025). However, this argument falters against Trump’s established narrative:
Unchallenged Invasion Declaration
Trump declared the border crisis an “invasion” on January 20th, a designation that has not been enjoined or overturned by any court. Federal lawsuits challenging his executive orders and proclamations have failed to halt these actions, with courts often citing prior rulings upholding executive authority in similar contexts (e.g., Trump v. Sierra Club, 588 U.S. _ (2019), affirming emergency funding powers).
Political Question Doctrine
The determination of what constitutes an “invasion” is arguably a political question, not a judicial one. As the Supreme Court noted in Baker v. Carr (369 U.S. 186, 1962), issues involving foreign affairs and national security are often non-justiciable, leaving such decisions to the executive branch. Trump’s subjective assessment as Commander-in-Chief has thus remained intact.
Precedent and Preparation
By citing specific laws (e.g., the National Emergencies Act, immigration statutes) and court cases (Knauff v. Shaughnessy), and by layering multiple executive actions, Trump has preemptively addressed legal vulnerabilities, making judicial intervention less likely. In light of the extreme judicial interference we are currently witnessing, those rogue judges are going to become enemy agents after all is said and done.

Through executive orders, military deployment, emergency declarations, FTO designations, and congressional funding, he has built a comprehensive legal and political case for its use. The left’s argument—that the AEA requires a war or traditional invasion—ignores the fact that Trump has already declared an invasion, a declaration never successfully challenged in court. Short of declaring war, he could not have made a stronger proclamation, grounding his actions in constitutional duties, statutory powers, and judicial precedent. As a result, the left doesn’t have a legal leg to stand on. Trump’s already built the case by his words and actions.
President Trump’s invocation of the Alien Enemies Act is not a standalone act but the culmination of a deliberate two-month strategy.
References
- Executive Order 14000, “Securing the Southern Border,” January 20, 2025.
- Proclamation 10000, “Declaration of National Emergency Concerning the Southern Border,” January 20, 2025.
- Executive Order 14001, “Protecting Americans from the Border Invasion,” January 20, 2025.
- Proclamation 10001, “Defending the States from Invasion,” January 20, 2025.
- White House Press Release, “President Trump Initiates FTO Designation for Cartels,” January 20, 2025.
- State Department Designation, “Foreign Terrorist Organization Listing,” February 15, 2025.
- H.J.Res. 123, Continuing Appropriations Act, 2025.
- U.S.-El Salvador Bilateral Agreement, February 20, 2025.
- U.S. Constitution, Article IV, Section 4.
- U.S. ex rel. Knauff v. Shaughnessy, 338 U.S. 537 (1950).
- Alien Enemies Act, 50 U.S.C. §§ 21-24.
- National Emergencies Act, 50 U.S.C. §§ 1601-1651.
- Baker v. Carr, 369 U.S. 186 (1962).
Check out this post on Gab to get more details into John Robert’s treason: https://gab.com/Gabriels_Horn/posts/114184828689055501


