Monday, March 17, 2025
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Trump claims sweeping deportation power, as legal war widens


Over the weekend, the United States launched into its latest showdown over presidential power.

Following a campaign pledge, President Donald Trump invoked an 18th century wartime law that he says gives him power to deport dangerous immigrants – in this case, Venezuelans he accuses of belonging to a notorious gang. Late Saturday, a federal judge issued an order blocking the administration from carrying out the deportations.

But by Sunday it became clear that over 100 immigrants had been taken to El Salvador, raising questions about whether the administration had defied the judge’s order.

Why We Wrote This

To aid his deportation campaign, President Trump has invoked a 1798 law ​that was last used for World War II internments.​ Questions swirled about whether he had defied a court order in sending more than 100 people to an El Salvador prison.

Beyond questions of compliance, the administration made clear it disagreed strongly with the judge’s ruling, and is doubling down in its latest claim to expansive executive authority. Future rulings in its favor could further pave the way for mass deportation plans. 

The invoked law is “an extreme measure,” says Kevin Kenny, immigration historian at New York University. “It’s not actually clear what the courts will make of this.”

The law at issue is the Alien Enemies Act of 1798. It allows the president in wartime to proclaim male immigrants aged 14 and older “liable to be apprehended, restrained, secured and removed, as alien enemies.” The rarely invoked law was last used to detain people of Japanese, Italian, and German descent during World War II. Campaigning in Colorado this past fall, Mr. Trump threatened to wield the law against migrant criminal networks.



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