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As alien enemy law continues to be the focus of early immigration debates in President Donald Trump’s second term, Republican lawyer Mehek Cook told Fox News Digital why the White House is using the 1798 law.
Some federal judges have opposed the Trump administration’s decision to use the law to send suspected members of the MS-13 and Tren de Aragua gang outside the United States, including the CECOT prison in El Salvador. Trump designated these two groups as foreign terrorist organizations shortly after taking office.
“Under this law, alien enemies can be detained, arrested and deported,” Cook said.
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US District Judge James Boasberg, left, President Donald Trump. (Getty Images)
“This was immediately permitted under alien enemy laws, in order for President Trump and his administration to accelerate the deportation of individuals of Venezuela and gang members,” she added.
Last week, US District Judge James Boasberg asked the Justice Department about public comments made by Trump and other Cabinet officials about deportation procedures under the alien enemy laws, bringing the idea of moving some migrants to Guantanamo Bay.
During the hearing, Boasberg specifically appealed to Justice Department lawyers over a statement made by Trump and Homeland Security Secretary Christie Noem about Secott, the largest prison in El Salvador where the US deports hundreds of immigrants.
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As prisoners keep an eye on the cell, Homeland Security Secretary Christi Noem speaks on Wednesday, March 26, 2025 during a tour of the Terrorist Confinement Centre in Tekolka, El Salvador.
Cook noted that the debate over legitimate procedures has something to do with the perspective of who will obtain those rights in the United States.
“When we talk about legitimate processes today, I think people must understand that there are American citizens who deserve legitimate processes under our constitution,” she said.
“In our country we have illegal aliens who we gave them the due process slide scale, and we have terrorists who are almost worth the process because we encourage them to remove them.
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The US Immigration Customs Enforcement Agent will be arrested on January 26, 2025 for stills in video as part of President Donald Trump’s widespread immigration crackdown in Chicago. (Immigration and customs enforcement/handout materials via Reuters)
A Republican lawyer said from her perspective, many federal judges question the president’s ability to actually determine what is considered an alien enemy.
“What’s happening today is that the courts are actually challenging it through judicial activities. So what they’re saying is that the president cannot designate an alien enemy for anyone. They cannot designate Tren de Aragua as an alien enemy. And, more importantly, the courts say these individuals, illegal terrorists in our country, deserve a legitimate process,” explained Cook.
Fox News’ Breanne Deppisch and Jake Gibson contributed to this report.
Cameron Arcand is a political writer for Fox News Digital at Washington DC.
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