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The first is during a declared war. The second is an invasion. The third is in the event of a predatory incursion.

What will be fought out in the courts is whether Tren de Aragua is entwined in any elements of the Venezuelan government. Another issue I believe will eventually be adjudicated is whether this law can be applied against Foreign Terrorist Organizations that are not state-supported.

FTO designations didn't exist when John Adams signed the act into law. When passed, the concern wasn't the British but the French.

Applying its provisions concerning FTOs presumes that the Constitution and statutes aren't static, but are instead living documents that evolve with the times. Textualists logically should argue that AEA would not apply absent FTO connections to a foreign government.

https://avalon.law.yale.edu/18th_century/alien.asp