This weekend, President Trump activated a wartime law granting him extensive deportation powers, despite the United States not being at war. The Alien Enemies Act of 1798 has sparked significant legal debate following a federal judge’s intervention to block its immediate application for deporting migrants.
The Trump administration reported the deportation of hundreds allegedly associated with the MS-13 and Tren de Aragua gangs. Secretary of State Marco Rubio confirmed that these deportees were transported to El Salvador, where President Nayib Bukele promised to imprison them for one year in facilities that he termed “very good jails.” Meanwhile, Trump’s press secretary defended the president’s actions, stating that deported individuals deserved to be behind bars rather than being free in American communities.
It is crucial to highlight that those deported were not afforded standard due process, with the Alien Enemies Act remaining unused since World War II. Following news of the federal judge’s order, President Bukele reacted lightheartedly, claiming “oopsie, too late” regarding the blockade of deportations.
The White House has not yet clarified whether the recent deportations occurred before or after the judge’s ruling, and the ACLU, having initially sued over the use of this act, is closely scrutinizing the case and requesting flight logs to ascertain the timing of events.
The ACLU’s primary argument is that the act cannot be invoked as the U.S. is not currently at war. Lee Gelernt, the ACLU’s lead counsel, emphasized the act was intended for use against foreign entities, pushing back against the assertion that domestic gangs constitute an invasion justifying its use. Furthermore, the ACLU points out that the deported individuals did not receive a fair hearing to contest their alleged gang affiliations.
Looking ahead, the ACLU is awaiting a response from the government regarding this weekend’s deportations, with a next hearing scheduled for March 21. The fate of the deportees now rests with the Salvadoran authorities, as U.S. courts lack jurisdiction in other nations.
