The Controversial Use of the Alien Enemies Act Sparks Legal Debate
In a surprising turn of events, President Trump has utilized a wartime law, despite the United States not being at war, to carry out deportations. This weekend saw the enactment of the Alien Enemies Act of 1798, granting the president extensive deportation authority, a move that has sparked significant legal scrutiny.
ROB SCHMITZ, HOST:
President Trump’s decision to invoke the Alien Enemies Act has been met with resistance from a federal judge, who temporarily halted its use for immediate deportations. Nevertheless, a flight bound for El Salvador landed, carrying numerous deportees from the U.S. NPR’s Luke Garrett reports on these unfolding events. Welcome, Luke.
LUKE GARRETT, BYLINE: Hello.
SCHMITZ: There seems to be considerable legal back-and-forth on this issue. Can you explain what transpired?
GARRETT: Certainly. Earlier today, Secretary of State Marco Rubio stated that the U.S. had deported hundreds of individuals, identifying them as members of MS-13 and Tren de Aragua gangs. Rubio announced on X that these migrants would be detained in “very good jails” in El Salvador at a reasonable cost, according to President Nayib Bukele. A video posted by Bukele showed these deportees disembarking an airplane in handcuffs, with Bukele asserting that they would remain incarcerated for a year. Trump’s press secretary, Karoline Leavitt, justified the use of the 18th-century law on Fox News.
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KAROLINE LEAVITT: The president invoked this authority to deport nearly 300 of them, who are now in El Salvador, where they will be behind bars where they belong, rather than roaming freely in American communities.
GARRETT: It’s important to highlight that these alleged gang members did not undergo the typical due process, and the Alien Enemies Act has not been utilized since World War II.
SCHMITZ: Concerning the federal judge’s order blocking the immediate use of the Alien Enemies Act, did the government proceed with the deportations in defiance of this order?
GARRETT: It remains unclear. President Bukele’s post on X, saying “oopsie, too late,” followed the announcement of the judge’s decision to block deportations.
SCHMITZ: So he responded to the judge’s decision with humor?
GARRETT: Yes, complete with a crying laughing emoji.
SCHMITZ: Unbelievable.
GARRETT: We’ve requested clarification from the White House regarding the timing of these deportations relative to the judge’s order—no response yet. The ACLU, which initiated the lawsuit against the administration’s use of the Alien Enemies Act, insists that timing will be crucial and has requested access to flight logs.
SCHMITZ: We’ll await further updates. What is the basis of the lawsuit challenging Trump’s use of this wartime law?
GARRETT: The ACLU argues that since the U.S. is not at war, the act cannot be applied.
SCHMITZ: Correct.
GARRETT: Lee Gelernt, the ACLU’s lead counsel, contends that the administration is bypassing Congressional authority.
LEE GELERNT: This is ultimately about a separation-of-powers question. The administration is really giving the back of its hand to Congress. Congress could not have been clearer that this was an extraordinary authority they were giving the president, but it should only be used against a foreign government or foreign nation.
GARRETT: Gelernt emphasizes that the Alien Enemies Act is intended for wartime use, whereas the administration is focusing on a clause regarding “any invasion or predatory incursion.” Trump’s recent proclamation indicated that the Tren de Aragua gang constitutes such an invasion, despite the law’s specification of a foreign government invasion. The ACLU also questions the gang affiliations of those deported.
GELERNT: The other critical point is that these individuals did not get a hearing to show they’re not members of a gang.
GARRETT: The Salvadorian government has confirmed to NPR that they lack details on the detainees’ criminal backgrounds.
SCHMITZ: Fascinating. What lies ahead for this legal case and the deported individuals?
GARRETT: Gelernt states that the ACLU is awaiting a government response regarding the deportations’ timing. A subsequent hearing is scheduled for March 21. As for the deportees, President Bukele has indicated they will spend the next year in El Salvador’s Terrorism Confinement Center. U.S. courts lack jurisdiction in El Salvador, leaving their fates in Bukele’s hands.
SCHMITZ: That was NPR’s Luke Garrett. Thank you, Luke.
GARRETT: Thank you for having me.
