Recognizing that members and affiliates of Tren de Aragua are alien enemies perpetrating an invasion of the United States and affirming that the President is exercising his constitutional authority to repel that invasion.

Bill Number

H.Res. 303

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-04-08: Referred to the House Committee on the Judiciary.

Last Updated

2025-04-09T14:28:33Z

AI-Generated Summary

Purpose

This House Resolution (H. Res. 303) aims to formally recognize the criminal organization Tren de Aragua (a Venezuelan gang) and its affiliates as "alien enemies" conducting an invasion of the United States. It affirms the President's constitutional authority to use the Alien Enemies Act of 1798 to counter this threat by apprehending, restraining, securing, and removing these individuals.

Key Provisions

• Background Clauses ("Whereas"): The resolution outlines historical and legal context, including:
• The President's role as Commander in Chief under Article II of the U.S. Constitution.
• The Alien Enemies Act of 1798, which allows the President to act against foreign threats during war or invasion, including by non-state actors (e.g., gangs), as interpreted through historical definitions.
• Designation of Tren de Aragua as a foreign terrorist organization by President Trump on January 20, 2025.
• Specific incidents linking Tren de Aragua to violence in the U.S., such as murders (e.g., Laken Riley and Jocelyn Nungaray), attacks on law enforcement, takeovers of apartment complexes, and border confrontations.
• The gang's presence in at least 19 states and alleged ties to the Venezuelan government under the Maduro regime.
• A March 15, 2025, presidential proclamation invoking the Alien Enemies Act against Tren de Aragua for "irregular warfare."
• Resolved Section: The House declares:
• Tren de Aragua is perpetrating an invasion, directly or via foreign direction.
• Its members and affiliates are "alien enemies."
• The President is properly exercising authority to repel the invasion through enforcement actions.

Significant Changes to Existing Law

This is a non-binding resolution expressing the House's view; it does not amend or create new laws. It reinforces interpretations of the existing Alien Enemies Act (50 U.S.C. §§ 21–24), emphasizing its applicability to non-state actors like terrorist groups, but introduces no statutory changes.

Potential Impacts

• Government Agencies: Strengthens executive branch actions (e.g., by the Department of Homeland Security and Border Patrol) for detaining and deporting suspected members, potentially increasing enforcement resources and coordination.
• Citizens: Aims to enhance public safety by targeting gang-related violence, but could lead to broader immigration enforcement affecting communities with Venezuelan immigrants.
• International Relations: May strain U.S.-Venezuela ties by accusing the Maduro regime of directing the gang, while supporting anti-cartel efforts in the Western Hemisphere; it could influence diplomatic pressure or sanctions.

Main Stakeholders Affected

• U.S. Government Officials: The President (executive authority), Congress (policy support), and federal agencies like Border Patrol, ICE (Immigration and Customs Enforcement), and local law enforcement handling arrests and investigations.
• Tren de Aragua Members and Affiliates: Non-U.S. citizens (primarily Venezuelan) facing heightened risk of apprehension, detention, and removal as "alien enemies."
• U.S. Citizens and Residents: Victims of gang violence (e.g., in affected states like Colorado, Texas, and New York) who may benefit from increased security, alongside immigrant communities potentially impacted by profiling.
• Venezuelan Government: Accused of involvement, facing indirect U.S. condemnation.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on a broad interpretation of "invasion" under the Alien Enemies Act to include non-state actors and irregular threats, which could expand its use beyond traditional wars but may face court challenges over due process for detainees (e.g., rights of non-citizens).
• Constitutional: Affirms the President's Commander in Chief powers (Article II) for national defense, potentially setting a precedent for executive actions on border security without new congressional approval.
• Political: Introduced by Republican members, it aligns with debates on immigration and border policy, echoing prior congressional statements on "invasions" via illegal migration; as a sense-of-the-House resolution, it signals partisan support for Trump-era policies but lacks force of law.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Biggs, Andy [R-AZ-5]

Cosponsors (12)

Rep. Roy, Chip [R-TX-21], Rep. Higgins, Clay [R-LA-3], Rep. Ogles, Andrew [R-TN-5], Rep. Miller, Mary E. [R-IL-15], Rep. Moore, Barry [R-AL-1], Rep. Crane, Elijah [R-AZ-2], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Harris, Andy [R-MD-1], Rep. Brecheen, Josh [R-OK-2], Rep. Gill, Brandon [R-TX-26], Rep. Biggs, Sheri [R-SC-3], Rep. Cloud, Michael [R-TX-27]

Recent Actions

• 2025-04-08: Referred to the House Committee on the Judiciary.
• 2025-04-08: Submitted in House
• 2025-04-08: Submitted in House

Bill Versions

• Recognizing that members and affiliates of Tren de Aragua are alien enemies perpetrating an invasion of the United States and affirming that the President is exercising his constitutional authority to repel that invasion. — issued 2025-04-08 — PDF (5 pages)