The Trump administration is preparing to use an old wartime law to speed up the deportation of undocumented immigrants, according to four sources familiar with the plan.
The law, called the Alien Enemies Act of 1798, gives the president special powers to remove non-citizens if the U.S. is at war or under threat. However, legal experts say this could face serious challenges in court.
Government officials have been discussing this law in multiple agencies. Their main focus is on Tren de Aragua (TDA), a Venezuelan crime group that is now operating in the U.S. and other countries. Trump has already ordered officials to label TDA as a terrorist group to make it easier to deport its members.
The official announcement could happen as soon as Friday, but final details are still being worked out. If approved, this move would allow the government to deport some immigrants more quickly.
CNN has contacted the Department of Homeland Security for a response.
Legal Challenges Ahead
The Alien Enemies Act was created to be used during wartime or when the U.S. is under attack. Some experts argue that Trump may struggle to justify using it since the country is not currently at war with a foreign government. Even if his administration claims that gangs or cartels pose a threat, courts may reject this argument.
This law has only been used three times in U.S. history, all during major wars. It was used in World War I and World War II to detain and deport people from Germany, Austria-Hungary, Italy, and Japan. The law was also a factor in the controversial internment of Japanese Americans during World War II.
Legal experts believe that if Trump tries to use this law now, it could lead to major legal battles in the courts.
