Trump's Deportation of Violent Gang Members Upheld by Law, Despite Judge's Ruling
Fox News legal analyst Gregg Jarrett asserts that the law supports President Trump’s deportation of violent gang members, despite a judge’s attempt to block the action.
President Donald Trump’s decision to deport over 260 criminal migrant suspects to El Salvador has sparked controversy, but legal analyst Gregg Jarrett insists that the move is supported by established law. The deportations, specifically targeting members of the violent gang Tren de Aragua (TdA), were enacted under the Alien Enemies Act (AEA) of 1798, which allows the president to order the arrest and removal of ‘alien enemies’ without a court hearing during times of war or ‘predatory incursion’ against the United States.
Jarrett emphasized that the AEA, which has been upheld by the U.S. Supreme Court and invoked by multiple presidents, including Democrats Woodrow Wilson and Harry Truman, grants the president broad authority to protect national security. The Supreme Court’s 1948 ruling in Ludecke v. Watkins confirmed the constitutionality of the AEA and explicitly stated that presidential decisions under the Act are not subject to judicial review.
Despite this legal precedent, a federal district judge in Washington, D.C., issued a temporary restraining order (TRO) in an attempt to block Trump’s deportations. Judge James Boasberg, an Obama appointee, acted without hearing from the government and extended his order to all noncitizens potentially affected by Trump’s proclamation. Critics argue that Boasberg’s actions overstepped his jurisdiction and ignored established legal remedies, such as habeas corpus petitions.
The Department of Justice is now seeking a stay pending review by the D.C. Circuit Court of Appeals, which could potentially lead to another Supreme Court case. Jarrett argues that Boasberg’s ruling is wrong as a matter of law, as lower court judges are bound to follow Supreme Court precedent.
As the legal battle continues, the American public remains largely supportive of deportations, expressing their desire for increased safety and security at the ballot box. President Trump’s use of the AEA to deport dangerous foreign gang members reflects his commitment to utilizing every legal tool available to protect the nation from threats posed by ’enemy aliens.’