The Trump administration argued in a legal brief overnight that its use of the Alien Enemies Act to deport alleged Venezuelan members of the Tren de Aragua gang to El Salvador was legal.
The brief said that the law gives the president the discretion to issue a proclamation “directing the apprehension, restraint, and removal of alien enemies when two conditions are found by the President to be met.” It said first there has to be a “declared war,” invasion, “predatory incursion,” or threat against the U.S. and it also has to be a hostile action by a foreign nation or government.
“The Proclamation signed by the President satisfies both conditions,” the administration said.
The administration also argued that it’s not up to District Judge James Boasberg to say whether it can use the Alien Enemies Act to deport people.
“The Constitution simply provides no basis for a court to determine when this AEA trigger has been met, and thus there is no basis for second-guessing the policy judgment by the Executive that such an ‘invasion’ or ‘predatory incursion’ is occurring,” the filing said.
Plaintiffs in the case have argued that there’s no evidence that the people the administration deported to El Salvador were affiliated with Tren de Aragua and have also said that the administration doesn’t have the authority to flout court orders in the case.