The United States is not at war, but this weekend President Trump invoked a wartime law that gives him sweeping deportation powers.

ROB SCHMITZ, HOST:

The United States is not at war, but this weekend, President Trump invoked a wartime law that gives him sweeping deportation powers. It’s called the Alien Enemies Act of 1798. A federal judge blocked his administration from using this law to immediately deport migrants. Despite this, a plane landed in El Salvador, carrying hundreds of deportees from the United States. NPR’s Luke Garrett joins us now with more on this. Hey there, Luke.

LUKE GARRETT, BYLINE: Hello.

SCHMITZ: So, Luke, there seems to be a lot of legal back-and-forth on this. What actually happened?

GARRETT: Right. So early this morning, Trump’s secretary of state, Marco Rubio, said that the U.S. deported hundreds of people he says are members of the MS-13 and Tren de Aragua gangs. Rubio posted on X that El Salvador’s president, Nayib Bukele, will take these migrants to, quote, “very good jails” at a fair price. And right around the same time, the president of El Salvador posted a video of these deportees leaving an airplane in handcuffs. Bukele said that he’d hold these alleged gang members behind bars for one year. And Trump’s press secretary, Karoline Leavitt, defended the President’s use of this 18th century law on Fox News.

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KAROLINE LEAVITT: The president invoked this authority to deport nearly 300 of them, who are now in El Salvador, where they will be behind bars where they belong, rather than roaming freely in American communities.

GARRETT: And, Rob, it’s really worth noting here that these alleged gang members did not receive a normal due process and that the Alien Enemies Act hasn’t been used since World War II.

SCHMITZ: So, Luke, but what about this order from the federal judge that we mentioned, that blocked Trump’s immediate use of the Alien Enemies Act? Did the government just defy the judge’s order and fly these people to El Salvador?

GARRETT: So we don’t know yet. But El Salvador’s president did post on X, quote, “oopsie, too late,” in response to news of the federal judge blocking deportations.

SCHMITZ: So he got this news that the judge was blocking it, and he goes on to X and makes a joke out of this?

GARRETT: That’s right. And there’s actually a crying laughing emoji at the end of that, as well.

SCHMITZ: Wow.

GARRETT: And we asked the White House for clarification on the timing and whether the deportations happened after or before the judge’s order – no word yet there. But the lawyers at the ACLU, who initially sued the Trump administration over its use of the Alien Enemies Act, say timing will matter here. And they’ve also asked the government for flight logs.

SCHMITZ: OK. So we will wait for answers there. But what about the initial lawsuit against Trump using this wartime law in the first place? What’s the argument against it?

GARRETT: Right. So the ACLU’s argument is the United States is not at war, and therefore, it can’t use this act.

SCHMITZ: Right.

GARRETT: Lee Gelernt is the ACLU’s lead counsel in this case.

LEE GELERNT: This is ultimately about a separation-of-powers question. The administration is really giving the back of its hand to Congress. Congress could not have been clearer that this was an extraordinary authority they were giving the president, but it should only be used against a foreign government or foreign nation.

GARRETT: And Gelernt says this Alien Enemies Act can only be used during a time of war, but the Trump administration seems to be focusing on a clause that says a president can use the act during, quote, “any invasion or predatory incursion.” Trump’s proclamation on Saturday, said the gang Tren de Aragua is mounting such an invasion, even though the law specifies an invasion by a foreign government. The ACLU lawyer also questions whether those deported are gang members.

GELERNT: The other critical point is that these individuals did not get a hearing to show they’re not members of a gang.

GARRETT: And the Salvadorian government tells NPR they didn’t have any details on these detainees’ records.

SCHMITZ: Wow. So, Luke, what is next for this legal case and these hundreds of deported migrants?

GARRETT: Gelernt says the ACLU is waiting to hear back from the government on the timing of this weekend’s deportation. And another hearing in this case is set for March 21. As for the hundreds of people deported, they’re set to spend the next year in El Salvador’s Terrorism Confinement Center, according to President Bukele. U.S. courts just don’t have jurisdiction in other countries, meaning their fates are up to Bukele.

SCHMITZ: That’s NPR reporter Luke Garrett. Thank you, Luke.

GARRETT: Thanks for having me.

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