For undocumented immigrants in the United States, bad news arrives every day from Trump. The president has now invoked an old law that will technically allow him to quickly deport any migrants he wishes without prosecution. More details below.
President Donald Trump signed an executive order invoking the Alien Enemies Act of 1798 to expedite the deportation of migrants without the need for regular immigration proceedings.
With this legal remedy, Trump and ICE will be able to expel any migrant the government considers a threat, without the right to appeal.
Express deportations without immigration trials
Trump argued that the Venezuelan gang Tren de Aragua poses a threat to national security and should therefore be treated as a hostile organization at war with the United States. His proclamation would allow anyone identified as a member of the group to be deported without following normal immigration procedures.
The president signed the order Friday night, and his administration immediately began implementing it. El Salvador agreed to accept up to 300 migrants the government designated as gang members. Several people had reportedly already been transferred when the measure was blocked.
A law used only in times of war
The Alien Enemies Act has been used only three times in the country's history, all in wartime. Its most recent use was during World War II, when it allowed for the detention and internment of German, Italian, and Japanese citizens on U.S. soil.
Trump justified his decision by claiming that Venezuela has lost control of its territory to transnational criminal groups and that the Aragua Train is waging a "predatory incursion" into U.S. soil.
The judicial brake
Hours after the deportations began, Judge James E. Boasberg temporarily blocked the order.
He argued that the law had not previously been used against criminal organizations, but rather against enemy states, and that the government's measure had legal implications that needed to be reviewed. He suspended the expulsions for 14 days and scheduled a hearing for Friday.
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