Alien Enemies Act
18 Articles
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."
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.
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…
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.
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…
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…
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.
5 Big Questions in the Alien Enemies Act Litigation
Major legal issues following Chief Judge Boasberg's ordering a temporary block to the presidential proclamation.
Timeline of US Flight to El Salvador and Judge’s Order to Turn Around Planes
Timeline of the Trump administration sending hundreds of Venezuelans to El Salvador compared to the timing of the federal court proceedings.
Trump Administration Appears to Launch ‘Alien Enemies Act’ Deportation Program
On Friday, the Trump administration appeared to start the process of carrying out the deportation of Venezuelan nationals pursuant to the Alien Enemies Act, a wartime authority…
What to Read on the Alien Enemies Act
A list of Just Security's expert analysis on the Trump administration's reported plans to invoke the Alien Enemies Act.