The law of 1798 Trump to deport migrants

At the heart of US President Donald Trump's hard immigration policy is his use of a 598 war authority, which enables the president to capture or deport the natives and citizens of an enemy country.

While the law on alien enemies was adopted to prevent foreign espionage, the Trump government has appointed it as a legal basis for the deportation of hundreds of alleged gang members.

In March, the United States deported 261 alleged members of the Venezuelan gangs into a notorious prison in El Salvador. Of these, 137 were removed according to the law, said the White House.

Trump claimed that the migrant members of the gang were Tren de Aragua (TDA) who “lead irregular warfare” against the United States. However, some civil rights groups say that the use of the law by Trump is illegal and discriminates immigrants due to their descent.

The law on alien enemies grants the President of the United States extensive powers in order to order the detention and deportation of foreign enemies.

It was said goodbye in 1798 when the United States believed that it would come into war with France.

The law says that “whenever there should be a declared war […] Or an invasion or a predatory intervention is convicted, attempts to “threaten the USA against the United States, all” issues of the enemy nation or government “” could “hold, hold back, secured and removed as extraterrestrial enemies”.

So far, the law has only been used three times – in conflict times in which the United States are involved.

It was last called in the Second World War, as people Japanese descent – according to reports about 120,000 – were locked up without legal proceedings. Thousands were sent to internment camps.

During this time, people of German and Italian ancestors were also interned.

Previously, the crime was deployed during the war of 1812 and in the First World War.

The judges in New York, Colorado and Texas decided against Trump's application of the law to the Venezuelans.

The Supreme Court decided on April 7 that Trump could use the alien enemy law to deport alleged gang members, but deportants must have the chance to question their distance.

This prompted civil rights groups to submit complaints that submit to the protection of Venezuelans who may be attacked by the law. Several temporary dishes imposed temporary arrangements that block the deportations.

Weeks later, the Supreme Court was again asked to intervene in order to stop the deportations as part of the law. On April 19, she ordered the Trump government to pause the deportation of a group of Venezuelans who were imprisoned in North Texas after their lawyers argued that they were not informed about their right to make the decision in court.

On May 1st, the federal judge Fernando Rodriguez, appointed by Trump, decided that the US President could not use the extraterrestrial enemy law to deport Venezolan migrants. This was the first time that a federal judge decided that the use of the law was “illegal”.

However, on May 13, a federal judge said in Pennsylvania, Stephanie Haines that Trump could use the law on the alien enemies to remove accused gang members from the state. She also decided that they had to be in the foreground for at least 21 days and the opportunity to question their deportations.

During his opening speech in January, he said that he was relying on the law to “eliminate the presence of all foreign gangs and criminal networks that bring devastating crimes into the ground”.

In his proclamation on March 15, Trump called on the wording of the law by accusing TDA to threaten an “invasion” against the United States. He explained that his members were “held back, secured, secured and eliminated as extraterrestrial enemies”.

Trump has repeatedly attacked judges who have made decisions that have made his use of the law critical.

In March, Federal judge James Boasberg tried to stop using the law to carry out the deportations, but the White House said that this had “no lawful basis” and that the distances had already taken place.

This led to a back and forth between the judge in Washington DC and the government. Boasberg dismissed the government's reaction to his command as “absolutely inadequate” and warned of consequences whether the Trump government had violated its decision.

Donald Trump struck back on social media and said Boasberg should be charged and described him as a “grandstand”.

One of the top helpers of the President, Stephen Miller, recently said that the government “actively looked at the Habeas Corpus”.

The legal principle – which literally means “you should have the body” – enables a person to be brought in front of a judge, so that the legality of your detention can be decided by a judge.

Trump's decision was criticized by legal groups. The American Civil Liberties Union (ACLU) sued to stop the distances on the grounds that the United States was not in war.

Lee learned, an ACLU lawyer, said with BBC News: “There is no question that the law is violated.”

Elora Mukherjee, director of the immigrant law clinic on the Columbia Law School, said that the administration “drove” the limits of the executive authority, especially with regard to immigration issues.

“If the executive branch deliberately disregards clear and specific court commands, as the administration with the [Venezuelan] Deportation flights, the checks and balances system set up by the US constitution is at risk and our constitutional democracy is threatened, ”she said.

Katherine Yon Ebright, lawyer at the Brennan Center for Justice, said that Trump's use of the Anien Enemies Act was illegal.

“The only reason to rely on such a power is to try to enable comprehensive detention and deportations by the Venezuelans due to their descent, not on gang activity that could be demonstrated in the immigration process,” she added.

Venezuela criticized Trump's use of the action and said that it “criminalizes the Venezuelan migration too unjustified” and “causes the darkest episodes in the history of mankind, from slavery to the horror of the Nazis concentration camp”.