Lawsuit Challenges Trump's Use of War Powers for Deportations
A lawsuit against the Trump administration claims that the president's use of war powers to deport alleged gang members could potentially allow anyone to be classified as an enemy alien. Lawyers representing Venezuelan migrants argued in an appellate court that if the president can label any group as enemy aliens without oversight, there would be no restrictions on who could be deported or how long they might be detained.
Under the 1798 Alien Enemies Act, individuals can be arrested, detained, and deported without the due process protections typically provided by U.S. immigration law, such as the right to a court hearing or to seek asylum. President Trump recently invoked this act to deport alleged members of the Tren de Aragua gang to El Salvador.
D.C. U.S. Chief District Judge James Boasberg temporarily halted these deportations, leading to an immediate appeal by the Justice Department. During a hearing, an Immigration and Customs Enforcement (ICE) officer revealed details about the deportation flights, maintaining that the government had the authority to disregard a judge's order to return the planes to the U.S., even if they were already airborne.
Robert Cerna, acting field office director of ICE's enforcement and removal operations, stated that the planes left U.S. airspace shortly after Judge Boasberg ordered them back. The government argued that once the planes were over international waters, the judge no longer had jurisdiction.
The Trump administration also contended that Boasberg's verbal order lacked authority since it wasn't in writing. However, the judge insisted his order was valid regardless of the planes' location.
Cerna disclosed that the decision to use the Alien Enemies Act for the deportation of alleged gang members was made the day before the flights were announced. His testimony is part of a court-ordered response to Boasberg, who expressed frustration over the lack of information provided by the government during a previous hearing.
While some details about the deportation operations remain confidential, Cerna noted that 54 Tren de Aragua members are detained in the U.S., with 172 on a non-detained docket, and 32 in criminal custody with active detainers.
Despite the judge's ruling, 261 individuals were deported to El Salvador, including 137 under the Alien Enemies Act due to alleged gang affiliations. The lawsuit against Trump and other officials was filed by five Venezuelan men held in immigration custody in Texas and New York. Boasberg's ruling temporarily halts deportations for 14 days.
Jake Rosen, a reporter covering the Department of Justice, has previously reported on President Trump's 2024 campaign and worked as an associate producer for "Face the Nation."