Trump used the Alien Enemies Act to deport migrants. Was it legal?

2025-03-17

Download

Over the weekend, President Donald Trump invoked a seldom-used wartime powers act to deport suspected gang members without due process. Though a federal judge blocked the administration’s use of the Alien Enemies Act of 1798, more than a hundred migrants accused by U.S. officials of being part of the gang Tren de Aragua were flown to a prison in El Salvador on Saturday. It was the first time the Alien Enemies Act had been invoked since World War II, when it was used to incarcerate Japanese, I...

Over the weekend, President Donald Trump invoked a seldom-used wartime powers act to deport suspected gang members without due process.

Though a federal judge blocked the administration’s use of the Alien Enemies Act of 1798, more than a hundred migrants accused by U.S. officials of being part of the gang Tren de Aragua were flown to a prison in El Salvador on Saturday.

It was the first time the Alien Enemies Act had been invoked since World War II, when it was used to incarcerate Japanese, Italian and German nationals and laid the foundation for the imprisonment of more than 110,000 Japanese Americans.

Today on “Post Reports,” immigration reporter Marianne LeVine joins host Colby Itkowitz to unpack the strategy behind the administration’s use of this act outside of wartime, the timing and legality of the move, and what El Salvador is getting out of working with Trump.

Today’s show was produced by Rennie Svirnovskiy and Ted Muldoon, who also mixed the show. It was edited by Reena Flores, with help from Lucy Perkins.

Subscribe to The Washington Post here.

Comments (3)