Trump invokes Alien Enemies Act of 1798 - Update II

Despite a court order, Secretary of State Marco Rubio announced on Sunday that hundreds accused of being gang members had been sent to El Salvador. They were immediately transferred to CECOT, the Terrorism Confinement Center, for a period of one year. None have had trials. "Also, as promised by @POTUS, we sent over 250 alien enemy members of Tren de Aragua which El Salvador has agreed to hold in their very good jails at a fair price that will also save our taxpayer dollars. President @nayibbukele is not only the strongest security leader in our region, he’s also a great friend of the U.S. Thank you!"

US District Judge James Boasberg blocked Trump from using a 227-year-old law meant to protect the US during wartime to carry out mass deportations of Venezuelans. He ordered a halt to deportations covered by the proclamation that will last for 14 days. Judge Boasberg told a hearing he had heard planes with deportees were taking off and ordered them to be turned back. It was ignored.

In May 1798 a raucous crowd took to the streets of Philadelphia. Some gathered to pledge their support for President John Adams, others to express their disdain. Federalists swiftly enacted the Alien and Sedition Acts. Oppressive legislation was aimed at separating 'genuine' patriots from objects of their suspicion. 20 years after Americans declared independence and less than 10 since they ratified a new constitution and bill of rights, the acts gravely limited many of those very rights. These are the laws Trump now seeks to take for himself.

Claiming the United States is being invaded by a Venezuelan gang, Trump has invoked the Alien Enemies Act of 1798, a sweeping wartime authority that allows the president broader leeway on policy and executive action to speed up mass deportation. Trump’s declaration targets Tren de Aragua, contending it is a hostile force of war acting at the behest of Venezuela’s government. The act was last used as part of the internment of Japanese-Americans during World War II and has only been used two other times in American history, during World War I and the War of 1812.

Trump spewed about using the act during his presidential campaign, and immigration groups were ready for it. That led to an unusual lawsuit, filed before Trump’s declaration even became public.

The suit was filed by the American Civil Liberties Union and Democracy Forward on behalf of five Venezuelans whose cases suddenly moved towards deportation. James E. Boasberg, chief judge of the D.C. Circuit, agreed to implement a temporary restraining order preventing the deportation for 14 days. Boasberg scheduled a hearing for later in the afternoon to see if his order should be expanded to protect all Venezuelans in the United States.

The Act could give Trump vast power to deport people, bypassing protections of criminal and immigration law.