Former U.S. President Donald Trump has asked the U.S. Supreme Court on Friday to allow his administration to use an old law from 1798 to rapidly deport suspected members of the Venezuelan gang Tren de Aragua.
Trump and his team argue that courts should not interfere with the president’s authority on national security matters and that the use of the Alien Enemies Act is justifiable.
In a brief filed with the Court, the U.S. Department of Justice requested that the ruling of federal judge James Boasberg, who on March 15 ordered a temporary suspension of deportations for Venezuelans while the case continues to be reviewed, be overturned.
“The issue here is who decides on sensitive national security operations: the president or the judiciary? The Constitution gives a clear answer – the president,” reads the Department of Justice’s filing.
On the other hand, the American Civil Liberties Union (ACLU) has challenged the use of this law, arguing that it violates the rights of migrants by not giving them the opportunity to challenge the deportation decision.
According to Trump’s administration, members of the Venezuelan gang have been identified through a rigorous process, but opponents of this measure warn that using a wartime-era law could set a dangerous precedent for migrant rights in the U.S.