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A federal judge questioned using a wartime law to deport gang members, sparking a legal battle over presidential power and due process.
A federal judge questioned whether President Trump could use the 1798 Alien Enemies Act—meant for wartime threats—to deport members of the Venezuelan gang Tren de Aragua, prompting a government attorney to assert the law could apply to any perceived national threat, even hypothetically, such as the Beatles.
The case is before the full 5th Circuit Court of Appeals, which is reviewing a prior ruling that the law does not apply to criminal gangs.
The administration argues the president has broad authority to act on national security grounds, while critics, including the ACLU, say the law was never intended for domestic law enforcement.
The Supreme Court previously halted deportations and required due process but has not ruled on the law’s constitutionality, which the 5th Circuit is now expected to decide, likely leading to a final Supreme Court review.
Un juez federal cuestionó el uso de una ley de tiempo de guerra para deportar a miembros de pandillas, provocando una batalla legal sobre el poder presidencial y el debido proceso.