Articles on Alien Enemies Act

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James Boasberg, chief judge of the U.S. District Court for the District of Columbia, attends a panel discussion in Washington, D.C., on April 2, 2025. Drew Angerer/AFP via Getty Images

When federal courts fail to punish lawyers for potential misconduct, states can step in

A federal court stopped contempt proceedings against Trump administration lawyers, but they may still have to respond to charges in states where they are licensed to practice law.
The front entrance of the E. Barrett Prettyman United States Court House, the workplace of Judge James Boasberg, along with other federal and appeals court judges, is seen in Washington, D.C. Philip Yabut/Getty Images

Like many populist leaders, Trump accuses judges of being illegitimate obstacles to safety and democracy

Political leaders in El Salvador, the Philippines and Israel, among other places, have also positioned judges as the enemy of the people.
Judges appointed by Donald Trump are ruling against him during his second presidential term. Zolnierek - iStock/Getty Images Plus

Even judges appointed by Trump are ruling against him

Instead of upholding Trump administration policies, federal judges − including Trump appointees − are blocking much of Trump’s second-term agenda. It’s what happens when a president overreaches.
U.S. Sen. Chris Van Hollen, right, meets with Kilmar Abrego Garcia in San Salvador, El Salvador, on April 17, 2025. Photo by Sen. Van Hollen's office via Getty Images

Kilmar Abrego Garcia’s wrongful deportation case is more about individual rights than the Trump administration’s foreign policy

The Trump administration claims that judges’ orders in the cases of immigrants deported to a prison in El Salvador intrude on the president’s right to conduct foreign policy.
A prison officer guards a gate at the Terrorism Confinement Center in El Salvador, where hundreds of migrants from the United States were deported by the Trump administration. Alex Pena/Anadolu via Getty Images

Supreme Court’s decision on deportations gave both the Trump administration and ACLU reasons to claim a victory − but noncitizens clearly lost

Can both sides legitimately say they won a Supreme Court victory?
Venezuelan immigrants, whom the Trump White House says are members of the Tren de Aragua gang, arrive in El Salvador on March 31, 2025. El Salvador Press Presidency Office/Anadolu via Getty Images

The Trump administration says Tren de Aragua is a terrorist group – but it’s really a transnational criminal organization. Here’s why the label matters.

While foreign terrorist organizations typically have a political or religious ideology, transnational criminal organizations are driven by profit.
The Supreme Court is seen on March 17, 2025, one day before Chief Justice John Roberts issued a rare rebuke of a president. Win McNamee/Getty Images

Trump’s defiance of a federal court order fuels a constitutional crisis − a legal scholar unpacks the complicated case

The current case focused on the deportation of Venezuelan immigrants raises concerns about whether the president will continue to respect the country’s legal system.
Secretary of State Marco Rubio, right, meets with El Salvadorian President Nayib Bukele in El Congo, El Salvador, on Feb. 3, 2025. Mark Schiefelbein/Pool AP/AFP via Getty Images

Trump wants to use the Alien Enemies Act to deport immigrants – but the 18th‑century law has been invoked only during times of war

The Alien Enemies Act, first approved in the late 1700s, was last used during World War II to identify particular foreign nationals living in the US.

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