The Trump administration has petitioned the U.S. Supreme Court to lift a temporary restraining order that halts the use of the 1798 Alien Enemies Act for deporting individuals suspected of being Venezuelan gang members.
President Trump invoked this rarely used wartime statute to expedite the removal of alleged members of the Tren de Aragua gang, citing national security concerns.
Critics, including the American Civil Liberties Union (ACLU), argue that the application of the Alien Enemies Act in this context is inappropriate, given that the United States is not in a state of declared war. They contend that standard immigration laws should govern deportations.
The Justice Department maintains that the president possesses broad authority to determine threats to national security and to act accordingly.