Montana AG Joins Multistate Brief Supporting Immediate Deportation of Tren de Aragua Members

Montana Attorney General Austin Knudsen joins a 26-state coalition urging the U.S. Court of Appeals to lift a restraining order preventing the immediate deportation of Tren de Aragua gang members.

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ICE officials arrest Tren de Aragua gang members in Charleston, South Carolina, Feb. 3 during a routine daily operation. Photo: Immigration and Customs Enforcement.

By Roy McKenzie
Mar 19, 2025

HELENA, MT – Montana Attorney General Austin Knudsen has joined a 26-state coalition urging the U.S. Court of Appeals for the D.C. Circuit to lift a nationwide restraining order that is currently blocking the immediate deportation of noncitizen members of Tren de Aragua (TdA)—a designated Foreign Terrorist Organization responsible for widespread violence, trafficking, and criminal activity across the United States.

The effort, co-led by South Carolina Attorney General Alan Wilson and Virginia Attorney General Jason Miyares, argues that the federal district court’s restraining order undermines national security and public safety by allowing TdA members to remain in the country, despite their classification as alien enemies under federal law.

Montana’s Direct Experience with Tren de Aragua

On February 12, 2025, special agents from U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Denver, in cooperation with the Drug Enforcement Administration (DEA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), arrested six members and associates of Tren de Aragua in Bozeman and Belgrade. Authorities targeted individuals believed to be actively involved in criminal operations and posing a direct threat to community safety.

Following the arrests, Montana Senator Steve Daines expressed support for immediate deportation, stating in a post on X (formerly Twitter) on March 17, “Thank God for President Trump’s strong leadership. Violent gang members have no place in America—especially not in Bozeman, MT!”

The arrests demonstrate that TdA’s criminal network is expanding into Montana, increasing concerns about the gang’s influence in the region. Despite these enforcement efforts, the federal restraining order currently prevents the immediate deportation of known TdA members, leaving law enforcement officials unable to expedite their removal from Montana and other states.

Tren de Aragua: A Declared National Security Threat

On March 14, 2025, President Donald J. Trump invoked the Alien Enemies Act (50 U.S.C. 21 et seq.), formally declaring TdA members as hostile foreign actors who are conducting irregular warfare and criminal operations within U.S. borders. The Presidential Proclamation cites TdA’s involvement in murder, kidnappings, human and drug trafficking, extortion, and direct coordination with the Venezuela-based narcoterrorism enterprise Cártel de los Soles.

The President’s order mandates that all Venezuelan noncitizens linked to TdA be apprehended, detained, and removed from U.S. territory. However, a federal judge halted these removals, prompting Montana and 25 other states to challenge the ruling.

Legal and Security Arguments in the Amicus Brief

The Amicus Brief filed by 26 attorneys general argues that:

  • The district court overstepped its authority by issuing a restraining order without briefing from the federal government.
  • The President’s executive order is legally justified under both constitutional and statutory authority, including the Alien Enemies Act and 8 U.S.C. 1189, which designates TdA as a Foreign Terrorist Organization.
  • Allowing the restraining order to stand undermines public safety, as TdA members continue operating within the U.S., posing a direct threat to law enforcement and civilians.

National Security and Law Enforcement Implications

The coalition of 26 states contends that the judicial blockade is preventing the removal of known criminals, many of whom have been arrested in connection with violent crimes across multiple states. The brief cites multiple cases of TdA-linked activities, including:

  • Homicides of American citizens, including the murder of Laken Riley, which led to the passage of the Laken Riley Act mandating federal detention of illegal aliens charged with violent crimes.
  • Takeover of an apartment complex in Colorado, where TdA members extorted tenants for half their rent, engaged in human trafficking, and used the location as a criminal hub.
  • Attacks on law enforcement, with intelligence reports confirming that TdA has authorized its members to attack U.S. police officers.

Montana Stands with 25 Other States

Montana joins the following states in challenging the restraining order: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and South Carolina.

The legal battle continues as the U.S. Court of Appeals for the D.C. Circuit reviews the challenge. Attorney General Knudsen has reaffirmed Montana’s commitment to defending national security and ensuring that foreign criminal organizations are not allowed to operate within U.S. borders.

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