Administration cites presidential authority, wartime law to defend deportation operations
The White House on Wednesday rejected a US federal appeals court order blocking certain immigration removals, asserting that presidential authority over national security operations cannot be restricted by judicial intervention.
"The authority to conduct national security operations in defense of the United States and to remove terrorists from the United States rests solely with the president," said White House spokesperson Abigail Jackson, defending the administration's deportation efforts.
Jackson said President Donald Trump "exercised this lawful authority and employed the Alien Enemies Act to remove enemies of the United States, including vicious TdA (Tren de Aragua) gang members, from the country."
The Alien Enemies Act is an 18th-century wartime law that grants presidents broad powers to detain and deport foreign nationals during declared emergencies. Tren de Aragua is a Venezuela-based criminal organization.
The Fifth Circuit Court of Appeals granted a preliminary injunction Tuesday blocking the Trump administration from removing certain immigrants in a 2-1 ruling.
The court remanded the case to the lower district court for further proceedings.
The ruling specified that the government remains free to remove the named petitioners and class members under other lawful authorities not covered by the injunction.
Circuit Judge Irma Carrillo Ramirez filed a partial concurrence and dissent, while Circuit Judge Andrew Oldham dissented from the majority decision.
The Trump administration expressed confidence in eventual vindication, with Jackson citing Oldham's dissenting opinion.
"Judge Oldham's dissent provides a careful review of this authority, and we expect to be vindicated on the merits in this case," she said.
