President Trump Invocation of the law of 1798 aliens enemies to deport Venezuelans migrants Suspected to be members of the Aragua Train Colla quickly gave a legal battle.
A federal judge on March 15 issued a temporary containment order that blocked the use of eighteenth -century law. That order was confirmed by a federal appeal court On March 26. A spokesman for the White House said he plans to appeal the case to the Supreme Court.
However, the same day as the order of March 15, Three flights Bringing more than 200 Venezuelan men were transferred to El Salvador to celebrate in the country’s maximum security prison.
White House officials told CBS News last week that 137 of these Venezuelans were expelled under the law of aliens. Another 101 was eliminated by virtue of what officials described as “regular” procedures under the Law of 1952 immigration and nationalityIncluding people who allegedly signed deportation papers after crossing the border illegally, according to officials.
The following is what to know about the law of alien enemies and how it has been used.
What is alien enemies law of 1798?
The law of alien enemies is one of the laws promulgated as part of the Alien acts and sedition In 1798, under President John Adams and the federalist -controlled congress. At that time, the United States provided for a war with France.
The law states that when the United States is at war or they face a “predatory invasion or incursion” by another nation, the President may detain and deport citizens of the enemy nation without a due process.
Two other laws in alien and sedition acts increased the number of years of immigrant needed to be in the United States to become a citizen and allowed the President to deport non-citizens who considered himself “dangerous to the peace and security of the United States”, according to national archives. The fourth law, the sedition law, restricted the discourse that was considered critical of the government and was used to chase journalists and others.
Opposition to alien and sedition acts contributed to the defeat of the federalists in the 1800 election, which was won by Thomas Jefferson, the democratic-republican candidate.
According to historians, Jefferson allowed three of the four laws to expire. But there was no expiration written in the law of alien enemies, so it remained.
It Non -enemy neighbors act It is a proposed law that repealed the law of alien enemies. It was reintroduced in January by the representative Ilhan Omar of Minnesota and Senator Mazie Hirono of Hawaii, both Democrats.
How is Trump the act of alien enemies?
In a proclamation Invoking the law in alien enemies on March 15, Mr. Trump stated that Aragua Train, a Venezuelan gang, is “perpetrating, trying and threatening a predatory invasion or incursion against the territory of the United States” and that all Venezuelan citizens over 14 years old who are members of the restricted, enected and eliminated train members. “
DC District Judge James Boasberg, who temporarily blocked Mr. Trump to eliminate immigrants according to law, has questioned the legality of their use in this case.
“Despite the determination of the President in a different way, Aragua train is not a” foreign nation or government “, and his actions, however daring, do not involve a” invasion “or a” predatory incursion, “he wrote.
In March 19 informationWhite House Secretary of the White House, Karoline Leavitt, said that “when you read the law … A predatory raid is absolutely what has happened by Aragua train. They have been sent here by the hostile regime of Maduro to Venezuela. And the President, immediately after the post, appointed ADD as a foreign terrorist organization”.
When did the alien enemies act used more?
The law has been invoked three times in the history of the United States: during the war of 1812, the First World War and World War II.
In 1812, The administration of Madison British nationals required the United States to report information to the Government, including their age, addresses, the time they had been in the United States and their occupations, according to a document signed by then Secretary of the State James Monroe.
President Woodrow Wilson He used the law in 1917 to limit the activities and speech of the citizens of Germany and their allies in World War I. The use of the law brought to the internment of more than 6,000 German national and “other alien enemies”, the Says the national archives.
Then after the Japanese pumping Pearl Harbor in 1941, President Franklin D. Roosevelt Invoked Alien enemies law to detain the citizens of Japan and other Axis powers, Germany And Italy. But Roosevelt too issued an executive order This allowed the internment of North -Americans’ Japanese. More than 100,000 decent Japanese people were sent to the fields of internment He was formally apologized for In 1988.
In 1948 the Supreme Court ruled Ludecke v. WatkinsA case involved in a German national who was ordered to eliminate in 1946 by virtue of alien enemies law, despite the end of the fight in World War II. In a 5-4 decision, the high court dismissed the German national challenge, arguing that “a state of war” was maintained and it was a matter of “political judgment” to determine if an individual could be eliminated under the law of aliens enemies, which prevents court review.
“The President is not a belief that the president that the alien enemies who were considered to be the appropriate subjects for internment during active hostilities do not lose their power for mischief during the period of confusion and conflict that is characteristic of a state of war, even when the guns are silent, but the peace of peace has not arrived,” said Justice Frankfurter Frankfurter. The opinion.
In a dissent, Judge Hugo Black argued that it is “nothing more than a fiction” to say that the United States was currently in war with Germany and that “the act of 1798 did not grant their extraordinary and dangerous powers to use them during the fictional wars period.”
Scott Macfarlane and
contributed to this report.