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Trump invokes wartime powers for deportations, setting up legal challenges

Mar 16, 2025, 3:30pm EDT
North America
Salvadoran police officers escort alleged members of the Venezuelan gang Tren de Aragua recently deported by the U.S. government.
Secretaria de Prensa de la Presidencia/Handout via Reuters
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The US deported hundreds of Venezuelans to El Salvador even as a judge sought to block the move.

The deportations came after US President Donald Trump invoked the Alien Enemies Act of 1798: The law has been used just three times, all during wars, and requires an “invasion or predatory incursion” by an enemy government.

It was last employed during World War II to target Japanese, Italian, and German nationals.

The White House said the Venezuelans were gang members; the law could help speed up deportations, according to some legal scholars, although there are questions over whether it applied in this case.

In an appeal motion, the government argued an invasion covered “any people or things who are not wanted” — a “ludicrously low bar,” one constitutional law expert wrote.

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