- Federal judge issues emergency order halting deportations under 1798 Alien Enemies Act
- Over 200 migrants deported to El Salvador despite court injunction, prompting contempt allegations
- Trump administration argues federal judges lack authority over presidential national security decisions
- ACLU demands sworn testimony from officials amid claims of deliberate order violation
- Constitutional crisis looms as rare 18th-century law faces modern judicial test
The American Civil Liberties Union (ACLU) has escalated its legal battle against the Trump administration, filing a motion demanding officials testify under oath about potential violations of a federal court order. At stake is the administration's use of the Alien Enemies Act, an 18th-century statute previously invoked only during declared wars, to justify mass deportations of Venezuelan migrants allegedly linked to the Tren de Aragua gang.
Federal Judge James E. Boasberg's Saturday night injunction required immediate suspension of all deportations under the act. However, within hours, three deportation flights reportedly departed for El Salvador carrying over 200 individuals. Social media posts from El Salvador's President Nayib Bukele appeared to celebrate the arrivals, while White House communications staff shared approving messages about the operation.
Legal analysts highlight the unprecedented nature of this confrontation. The Alien Enemies Act, last used during World War II, grants presidents extraordinary powers during invasions or declared wars. The administration's novel application to justify peacetime deportations creates untested constitutional territory, with implications for the balance of power between branches of government.
Regional Case Study: El Salvador's agreement to house deportees in Quezaltepeque Prison adds complexity. Human rights groups have documented overcrowding and violence at the facility, raising ethical concerns about outsourcing immigration enforcement. This partnership reflects growing regional tensions as Central American nations navigate U.S. pressure to accommodate hardline deportation policies.
The administration's legal team claims jurisdictional limitations, arguing the court order only applied to flights within U.S. airspace at 7:26 PM Eastern Time. This interpretation allowed two planes already en route to proceed, while a third departed after the injunction. Constitutional scholars warn such reasoning could establish dangerous precedents for circumventing judicial oversight.
As the case advances, attention turns to historical parallels. Previous uses of the Alien Enemies Act during the War of 1812 and both World Wars targeted citizens from hostile nations, not individual gang members. Legal historians note this marks the first application for transnational criminal organizations, potentially expanding presidential authority over immigration enforcement.
With a 14-day temporary order in place, the stage is set for a Supreme Court showdown. The ACLU's motion for sworn declarations seeks to establish whether officials intentionally flouted the injunction. Meanwhile, deportation flights remain paused pending Monday's hearing, leaving hundreds of migrants in legal limbo as courts weigh national security claims against due process rights.
