Post Reports
Trump used the Alien Enemies Act to deport migrants. Was it legal?
Mar 17, 2025
Marianne LeVine, an immigration reporter for The Washington Post, joins the discussion to delve into the Trump administration's controversial use of the Alien Enemies Act. She explains the legal challenges arising from deporting migrants linked to gang activities. LeVine highlights the implications of this act, originally used during WWII, and the federal judge's halt on deportations. The conversation also touches on the financial agreements with El Salvador and the ethical concerns surrounding these unprecedented actions amid growing national security fears.
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Quick takeaways
- President Trump’s invocation of the Alien Enemies Act for deportation raises critical questions about due process and legality amidst a non-war context.
- The partnership with El Salvador regarding the detention of deported migrants signifies a strategic alignment of U.S. immigration policy with foreign interests.
Deep dives
Invocation of the Alien Enemies Act
The Alien Enemies Act of 1798 was invoked by President Trump to expedite the deportation of over 100 Venezuelan migrants, claiming they were affiliated with the gang Tren de Aragua. This act has not been utilized since World War II and allows for the rapid deportation of individuals without due process or the right to a court hearing. Critics pointed out the lack of a declared war with Venezuela, raising questions about the legality of using this act in the current context. The administration framed the deported individuals as national security threats, citing their alleged gang affiliations as justification for these actions.
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