Donald Trump’s use of the wartime power was deemed “unlawful” and wrongly exercised by US District Judge Fernando Rodriguez.
In 1798, the law was drafted to permit the expulsion of foreign nationals during invasions or times of war. Trump has used it to deport Venezuelans to El Salvador on the grounds that they were “conducting irregular warfare” and were part of the Tren de Aragua gang.
According to the judge, the act only came into play when the United States was the target of a “armed organized attack,” which is not the case. The government has not responded.
In a March proclamation, President Trump claimed that Tren de Aragua was invading the United States and defended the use of special powers to deport foreign nationals who were suspected of being gang members without going through the legal system.
