Legal Expert Reveals Why Centuries-old Law Is Crucial For Trump Admin In Immigration Fight

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

Some national judges person disagreed pinch nan Trump administration’s determination to usage nan enactment to nonstop suspected MS-13 and Tren De Aragua pack members extracurricular nan 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.

BOASBERG GRILLS DOJ OVER REMARKS FROM TRUMP AND NOEM, FLOATS MOVING MIGRANTS TO GITMO IN ACTION-PACKED HEARING

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

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

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

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

KILMAR ABREGO GARCIA'S LAWYERS ASK FOR MORE TRUMP ADMIN OFFICIALS TO TESTIFY, POSSIBLY FROM WHITE HOUSE

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

Cooke noted that nan statement complete owed process has to do pinch nan position of who gets those rights successful nan U.S.

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

"There's forbidden aliens that are successful our state that we person fixed a sliding standard of owed process. And past location are terrorists that merit very small process, arsenic we're expediting their removal. Our migration judges and our courts don't person capable clip to guidelines location pinch each azygous individual that's a Tren de Aragua personnel and bicker backmost and forth," Cooke continued.

DEPORTATION FLIGHTS TO LIBYA WOULD VIOLATE COURT ORDER WITHOUT PRIOR NOTICE, FEDERAL JUDGE SAYS

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 still image from video. (Immigration and Customs Enforcement/Handout via REUTERS)

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

"What’s happening coming is courts done judicial activism are really challenging that. So what they're saying is that nan president can't designate personification 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 forbidden terrorists successful our state merit owed process," Cooke explained.

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