Alien Enemies Act

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An American flag behind a judges bench in a courtroom

Judicial Deference and Presidential Power Under the Alien Enemies Act

Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.
Image: A prison officer guards a cell at maximum security penitentiary CECOT (Center for the Compulsory Housing of Terrorism) on April 4, 2025 in Tecoluca, San Vicente, El Salvador. (Photo by Alex Peña/Getty Images)

Another Abrego Garcia, and the Administration’s “Contrivance” to Keep Him in El Salvador’s Prison

Fourth Circuit rejects the government's attempt to keep a detainee very similar to Abrego Garcia in CECOT prison.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss

An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.
US President Donald Trump shakes hands with El Salvador's President Nayib Bukele

The Dirty Deal with El Salvador

What’s known about the agreement between the United States and El Salvador when it comes to CECOT prison, and why sworn testimony may be needed to fill in the gaps.
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

The Supreme Court’s Next 100 Days: Understanding the Passive-Aggressive Virtues (and Vices)

The Supreme Court's pushback during the first 100 days of the Trump administration is striking. What to look for in the next 100.

How March 31 Military Flight of Venezuelan Nationals to El Salvador Most Likely Violated Court Order

It may all come down to "acting in concert or participation with."
In this handout photo provided by the Salvadoran government, members of the Salvadoran army stand guard at the gates of the Terrorism Confinement Center (CECOT) at CECOT on March 16, 2025 in Tecoluca, El Salvador.

Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial

Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Remarkable Things in the Government’s Alien Enemies Act Briefs to the Supreme Court

The Acting Solicitor General's briefs "fall considerably short of the historical standards for quality and forthrightness that typify briefs that the Office of the Solicitor General…
Judge James E. Boasberg, chief judge of the Federal District Court in DC, stands for a portrait at E. Barrett Prettyman Federal Courthouse

Dissecting the Trump Administration’s Strategy for Defying Court Orders

The Trump administration is banking on Americans giving it a pass on violating District Chief Judge Judge Boasberg's court order.
A man walks in front of the Supreme Court building at dusk.

The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar

Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…
In this handout photo provided by the Salvadoran government, members of the Salvadoran army stand guard at the gates of the Terrorism Confinement Center (CECOT) at CECOT on March 16, 2025 in Tecoluca, El Salvador.

The Trump Administration’s Recent Removals to El Salvador Violate the Prohibition on Transfer to Torture

US and international law prohibit transferring or removing any person when there are substantial grounds for believing that the person would be at risk of certain serious human…
Elevated view of E. Barrett Prettyman United States Courthouse, as seen from the East Building of the National Gallery of Art.

Is the Trump Administration Deliberately Violating a Federal Court Order?

Addressing the Trump administration's theories for why it did not violate a court order by deporting Venezuelan immigrants to El Salvador.
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