Lawsuit over deportation flights argues Trump's use of war authority could be limitless

[BumRushDaShow]

Source: CBS News

Updated on: March 18, 2025 / 8:36 PM EDT


Plaintiffs suing the Trump administration over use of a war authority to deport alleged gang members warned that failing to block the president from its use would mean anyone could be treated as an enemy alien.

The lawyers for Venezuelan migrants suing the government said Tuesday in an appellate court filing: "The implications of the government's position are staggering. If the President can designate any group as enemy aliens under the Act, and that designation is unreviewable, then there is no limit on who can be sent to a Salvadoran prison, or any limit on how long they will remain there."

Those subject to the 1798 Alien Enemies Act can be summarily arrested, detained and deported, without the due process protections outlined in U.S. immigration law, including opportunities to see a judge and request asylum. Instead, they may be treated as enemy aliens and processed under America's wartime laws. President Trump invoked the act Saturday, and used it to send two planes carrying alleged Tren de Aragua gang members to a prison in El Salvador.

In a hearing Saturday, D.C. U.S. Chief District Judge James Boasberg blocked their deportation, prompting an immediate Justice Department appeal. On Tuesday, an Immigration and Customs Enforcement officer provided new details about the Trump administration's deportation flights of alleged gang members, but continued to argue the government had a right to reject a judge's order directing the planes to return to the U.S., even if they were already in the air.

Read more: https://www.cbsnews.com/news/government-deportation-flights-details-response-to-judge/

[twodogsbarking]

1. Didn't we know this was coming? Yes, yes, oh yes.

[underpants]

2. Good thing the courts are still open huh?

Just saying.

[travelingthrulife]

3. How do they talk these judges and lawyers into such lawlessness?

[NotHardly]

4. Money, lots & lots of money.

[NowsTheTime]

5. The act was used during war 1812, ww1,ww2, but not during Korean war, Cold war, or Vietnam war, but it's justified now?

B.S.!!!

[BumRushDaShow]

7. "but not during Korean war, Cold war, or Vietnam war, but it's justified now?"

As my History major/Polisci mother had always taught me - the Korean & Vietnam Wars were "U.N. 'police actions'" - The U.S. never officially "declared war" against them. And obviously the "Cold War" was more a euphemism.

But what you wrote is notable (and one could also include that it a was never used during the "Persian Gulf War" nor the "Iraq War" nor the "Afghanistan War" ).

[Bayard]

6. No due process

People can just start being disappeared, and not necessarily immigrants.