Legal expert reveals why centuries-old law is crucial for Trump admin in immigration fight

As the Alien Enemies Act continues to beryllium a focal constituent of the migration statement successful the aboriginal days of President Donald Trump’s 2nd term, Republican lawyer Mehek Cooke told Fox News Digital astir wherefore the White House is making usage of the 1798 law.

Some national judges person disagreed with the Trump administration’s determination to usage the enactment to nonstop suspected MS-13 and Tren De Aragua pack members extracurricular the United States, including to El Salvador’s CECOT prison. Trump designated those 2 groups arsenic overseas violent organizations soon aft taking office.

"Under this act, it allows america to detain, apprehend, and deport alien enemies," Cooke said.

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U.S. District Judge James Boasberg, left, and President Donald Trump. (Getty Images)

"This instantly allowed nether the Alien Enemies Act for President Trump and his medication to accelerate deportations of individuals from Venezuela and pack members," she aboriginal added.

Earlier past week, U.S. District Judge James Boasberg asked the Justice Department astir nationalist comments Trump and different Cabinet officials made astir deportation proceedings nether the Alien Enemies Act and floated the thought of moving immoderate migrants to Guantánamo Bay.

During the hearing, Boasberg specifically pressed Justice Department lawyers astir statements made by Trump and Homeland Security Secretary Kristi Noem astir CECOT, the maximum-security situation successful El Salvador wherever the U.S. has deported hundreds of migrants, and the White House’s quality to unafraid someone’s release.

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As prisoners basal looking retired from a cell, Homeland Security Secretary Kristi Noem speaks during a circuit of the Terrorist Confinement Center successful Tecoluca, El Salvador, connected Wednesday, March 26, 2025. (AP Photo/Alex Brandon)

Cooke noted that the statement implicit owed process has to bash with the position of who gets those rights successful the U.S.

"I deliberation today, erstwhile we speech astir owed process, radical person to recognize there's American citizens that merit owed process nether our Constitution," she said.

"There's amerciable aliens that are successful our state that we person fixed a sliding standard of owed process. And past determination are terrorists that merit precise small process, arsenic we're expediting their removal. Our migration judges and our courts don't person capable clip to basal determination with each azygous idiosyncratic that's a Tren de Aragua subordinate and bicker backmost and forth," Cooke continued.

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U.S. Immigration and Customs Enforcement agents behaviour an apprehension arsenic portion of President Donald Trump's wide-ranging migration crackdown successful Chicago connected January 26, 2025 successful a inactive representation from video. (Immigration and Customs Enforcement/Handout via REUTERS)

The Republican attorney said that from her perspective, galore national judges are questioning the president’s quality to really determine what is considered an alien enemy.

"What’s happening contiguous is courts done judicial activism are really challenging that. So what they're saying is that the president can't designate idiosyncratic an alien enemy. They can't designate Tren de Aragua an alien enemy. And much importantly, courts are pushing and saying that these individuals that are amerciable terrorists successful our state merit owed process," Cooke explained.

Fox News’ Breanne Deppisch and Jake Gibson contributed to this report.