Detentions and deportations that occur under the Alien Enemies Act do not go through the immigration court system, which provides immigrants the chance to seek relief and make their case to stay in the country. Experts have noted that the backlogged court system, where cases can take years, could be a significant obstacle to Trump’s mass deportation plans.
The Alien Enemies Act is designed to be invoked if the US is at war with another country, or a foreign nation has invaded the US or threatened to do so. Legal experts say it would be difficult for Trump to use the act when the US isn’t being attacked by a foreign government, even if the administration does cite threats from gangs or cartels.
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