Illinois Democrat Sen. Tammy Duckworth asks Secretary of State Marco Rubio whether the U.S. is currently in a state of war with Venezuela, on Wednesday morning during a hearing about Venezuela in the Senate Foreign Relations Committee

SEN. TAMMY DUCKWORTH: Are we currently at war with Venezuela? SECRETARY MARCO RUBIO: No, we’re not in a state of war with Venezuela. SEN. TAMMY DUCKWORTH: Okay. The Supreme Court has described the Alien Enemies Act as a wartime power-our Supreme Court. And before now, the Alien Enemies Act was only invoked during the War of 1812, World War I, and World War II, when it was used to intern thousands of innocent civilians. Are you really arguing that the president should be able to wield an internment law–? SECRETARY MARCO RUBIO: No, no, no. We’re talking about two separate things here. We’re talking about the state of Venezuela, or describing the “regime- but what the president designated- SEN. TAMMY DUCKWORTH: The president invoked the Alien Enemies Act. SECRETARY MARCO RUBIO: I know, Senator, but let me be clear. What the president was talking about are these gangs and narco-trafficking groups that are waging war on the United States. There’s no doubt about that. These groups have waged war on the United States. For example, Tren de Aragua is not just a criminal gang presence on our streets. It is a criminal gang directly responsible for narco-trafficking- SEN. TAMMY DUCKWORTH: The Trump administration has acknowledged that the vast majority of the men it rounded up and deported to torture under this law had no criminal records whatsoever. Over 75 percent. SECRETARY MARCO RUBIO: Who did we torture? We haven’t tortured anybody. We’ve arrested people that are members of gangs and deported them. We don’t want gang members in our country. SEN. TAMMY DUCKWORTH: We have found that many of the men were here legally. If the administration is willing to lie about who it’s targeting under this law, what protections do totally innocent people have against abuse? Again, will you advise the president to rescind his invocation of this wartime Alien Enemies Act? SECRETARY MARCO RUBIO: No, of course not. These are people who are threats to the national security of the United States. As I’ve described in hearings in the past-including before you guys- SEN. TAMMY DUCKWORTH: So you’re saying we’re at war? SECRETARY MARCO RUBIO: When it comes to narco-trafficking groups and criminal gangs that are targeting the United States, we are absolutely in a warlike situation. SEN. TAMMY DUCKWORTH: We’re in a state of war? So then, do the Geneva Conventions and laws of war apply? SECRETARY MARCO RUBIO: There’s no doubt about that. They are waging war against us. As a result, they are enemy combatants. And the fact of the matter is that these irregular groups -and this is one of the challenges of this new century in this hemisphere– these non-state actors possess state-like capabilities in terms of weaponry and pose a grave danger to the United States. I don’t think any American disputes that cartels pose a threat to national security. SEN. TAMMY DUCKWORTH: So will you comply with all of the other laws that apply to warfare? But you’re saying that the president can invoke this wartime power. SECRETARY MARCO RUBIO: I’m here to discuss foreign policy and what is in the realm of the Department of State. I think your question is better directed to the Department of Justice. SEN. TAMMY DUCKWORTH: The Alien Enemies Act has only been invoked during the War of 1812, World War I, and World War II. It’s only been invoked three times-and this president is invoking it now. SECRETARY MARCO RUBIO: You’re asking me to opine on the domestic application of a law. That’s better directed to the Department of Justice. SEN. TAMMY DUCKWORTH: I’m not asking you about a complication! It’s very simple! SECRETARY MARCO RUBIO: You’re asking me to opine on something under the purview of the Department of Justice. I’m here to discuss foreign policy and matters within the State Department’s purview. I can tell you the United States is confronting terrorists and criminal organizations operating in our hemisphere that pose a grave danger to us. Anyone who believes gangs flooding our country with fentanyl or cocaine aren’t threats to national security is not living in reality. SEN. TAMMY DUCKWORTH: The president has already said he’s ready to put American troops in Venezuela again-so are we at war right now? If things don’t go well with the Chavistas you’ve empowered, what is your criteria for returning to a military option? For putting boots on the ground? SECRETARY MARCO RUBIO: I don’t recall the president saying he’s going to put troops in Venezuela. When did he say that? SEN. TAMMY DUCKWORTH: The president has said he has not ruled out the military option. SECRETARY MARCO RUBIO: The president has said he retains the right, as commander in chief, to protect the United States against any imminent threat. That may involve air power-we hope not-but we don’t anticipate that being the case in Venezuela. SEN. TAMMY DUCKWORTH: I worry that you’re playing fast and loose with our nation. You said that in six or nine months, if things don’t go well, you’ll have to do something else. You’ve said the president retains wartime powers. That puts Americans in jeopardy. We don’t need another forever war. That is the path we are going down.

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