A federal judge on Monday criticized a Department of Justice (DOJ) attorney for failing to answer direct questions regarding the “Alien Enemies Act”, a rarely used law allowing the government to deport non-citizens from enemy nations during wartime.
Judge Presses DOJ for Clarity
In a packed courtroom showdown, U.S. District Judge Michael Donovan questioned DOJ attorney Lisa Cartwright on whether individuals had been deported under the Alien Enemies Act without due process.
Cartwright denied such actions but refused to provide details, instead citing “continuing national security interests” and “unknowns regarding the administration’s enforcement activities.”
Judge Donovan challenged this response, stating:
“This is not about vague national security concerns; I am asking what actually happened.”
Understanding the Alien Enemies Act
The Alien Enemies Act of 1798 was enacted during tensions between the U.S. and European powers. It grants the President the authority to detain, relocate, or deport non-citizens from enemy nations in times of war.
Although rarely invoked in modern history, its recent application has raised constitutional concerns, prompting legal challenges from civil rights groups.
Critics Warn of Constitutional Overreach
Civil rights attorney Mark Reynolds condemned the government’s secrecy, stating:
“The government is operating in the dark and circumventing established legal protections. Invoking national security should not be a free pass to ignore fundamental rights.”
Judge Donovan demanded specific answers:
- How many people have been affected?
- Did detainees have legal representation?
- What safeguards are in place to prevent abuses?
Cartwright refused to provide exact figures, maintaining that all enforcement actions complied with the law.
Judge Orders DOJ to Submit Documentation
Frustrated by the lack of transparency, Judge Donovan ordered the DOJ to submit a full report within two weeks, detailing:
- The number of deportations carried out
- The legal basis for each case
- What procedural safeguards, if any, were followed
Larger Implications for Immigration Policy
The case has sparked nationwide controversy, with civil rights groups warning that applying the Alien Enemies Act today could set a dangerous precedent.
The Biden administration has not publicly commented on the case but has defended its national security policies.
Regardless of the ruling, the outcome of this case could shape the future of executive power in immigration enforcement for years to come.
