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Politics
Jennifer Selin, Associate Professor of Law, Arizona State University

Trump’s use of the Alien Enemies Act to deport Venezuelans to El Salvador sparks legal questions likely to reach the Supreme Court

Prisoners stand in a cell as Homeland Security Secretary Kristi Noem speaks during a tour of the Terrorist Confinement Center in Tecoluca, El Salvador, on March 26, 2025. AP Photo/Alex Brandon

A federal appeals court on March 26, 2025, upheld a temporary block on President Donald Trump’s deportation of hundreds of Venezuelan immigrants, including alleged members of the Venezuelan gang Tren de Aragua, to a maximum security prison in El Salvador.

The court was skeptical of Trump’s use of the Alien Enemies Act to defend the deportations. The act, passed in 1798, gives the president the power to detain and remove people from the United States in times of war.

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