The use by Trump of the Extraterrestrial Enemies Act of 1798 is under surveillance. Here's what you need to know.

The invocation by President Trump of the Extraterrestrial Enemies Act of 1798 to expel the Venezuelan migrants suspected of being members of the Gang Tren of Aragua quickly launched a legal battle.

On March 15, a federal judge issued a temporary prohibition order which blocked the use of the 18th century law. This order was confirmed by a federal court of appeal on March 26. A White House spokesman said he was planning to appeal the case before the Supreme Court.

However, the same day as the prescription of March 15, three flights carrying more than 200 Venezuelan men were transported by plane to El Salvador to stand in the country's maximum security prison.

Officials of the White House told CBS News last week that 137 of these Venezuelans had been expelled under the Act respecting extraterrestrial enemies. 101 Others have been deleted under what officials described as a “regular” procedure under the 1952 immigration and nationality law, including persons who would have signed expulsion documents after crossing the border illegally, officials said.

Here is what you need to know about the law on extraterrestrial enemies and how it was used.

What is the Alien Enemies Act of 1798?

The Extraterrestrial Enemies Act is one of the laws promulgated within the framework of extraterrestrial and sedition acts in 1798 under President John Adams and the Congress controlled by the federalist. At the time, the United States provided a war with France.

The law stipulates that when the United States is at war or are faced with an “invasion or a predatory foray” by another nation, the president can hold and deport the citizens of the enemy nation without regular procedure.

Two other laws in extraterrestrial and sedition acts have increased the number of years that an immigrant should be in the United States to become a citizen and allowed the president to expel non-citizens deemed “dangerous for the United States Peace and Security”, according to the national archives. The fourth law, the sedition law, has restricted the speech considered to criticize the government and was used to continue journalists and others.

The opposition to extraterrestrial and sedition acts contributed to the defeat of the federalists during the election of 1800, won by Thomas Jefferson, Democratic-Republican candidate.

Jefferson authorized three of the four laws to expire, according to historians. But, there was no written expiration in the law on extraterrestrial enemies, so she remained.

The law on neighbors and not enemies is an proposed law which would repeal the law on extraterrestrial enemies. It was reintroduced in January by representative Ilhan Omar of Minnesota and Senator Mazie Hirono of Hawaii, both Democrats.

How does Trump use extraterrestrial enemies?

In a proclamation Invoking the Alien Enemies Act on March 15, Mr. Trump Declared That Tren of Aragua, A Venezuelan Gang, “is perpetrating, attempting, and threating an invasion or predatory incursion against the territory of the United States” and that all venezuelan citizens over 14 years old Are Members of Tren of Aragua and Are not Us Citizens or Lawful Permanent Residents Are “Reired to be apprehended, retained, secure and withdrawn as foreign enemies.”

The chief judge of the DC district James Boasberg, who temporarily prevented Trump from withdrawing immigrants under the law, questioned the legality of his use in this case.

“Despite the determination of the president differently, Tren de Aragua is not a” foreign nation or government “and his actions, as odious, do not represent an” invasion “or a” predatory incursion “,” he wrote.

In a briefing on March 19, the press secretary of the White House, Karoline Leavitt, said that “when you read the act … A predatory incursion is absolutely what happened with Tren of Aragua. They were sent here by the hostile regime of Maduro to Venezuela. And the president, immediately after taking up her duties, designated ADD.

When do extraterrestrial enemies act?

The law was invoked three other times in American history: during the 1812 war, the First World War and the Second World War.

In 1812, the Madison administration demanded British nationals in the United States to report information to the government, including their age, addresses, the duration of the United States and their occupations, according to a document signed by the Secretary of State at the time, James Monroe.

President Woodrow Wilson used the act in 1917 to limit the activities and discourse of the citizens of Germany and its allies during the First World War.

Then, after the Japanese bombed Pearl Harbor in 1941, President Franklin D. Roosevelt invoked the law on extraterrestrial enemies to hold the citizens of Japan and the other powers of the axis, Germany and Italy. However, Roosevelt also published an executive decree which enabled the internment of Americans of Japanese origin. More than 100,000 people in decent Japanese were sent to internment camps, for which the federal government has officially apologized in 1988.

In 1948, the Supreme Court ruled in Ludecke c. Watkins, a case involving a German national who was ordered to be moved in 1946 under the law on extraterrestrial enemies, despite the end of the fighting during the Second World War. In a decision 5-4, the High Court rejected the dispute of the German national, arguing “a state of war” remained and it was a question of “political judgment” to determine whether an individual could be referred under the law on extraterrestrial enemies, which prevents judicial control.

“It is not up to us to question the president's belief that enemy foreigners who were juggingly deemed the subjects capable of internment during active hostilities do not lose their misdeed power during the period of confusion and conflict which is characteristic of a state of war even when firearms are silent, but the peace of peace has not come,” said justice Felix to the opinion.

In a dissent, judge Hugo Black argued that it was “nothing other than a fiction” to say that the United States was currently at war with Germany, and that “the law of 1798 did not grant its extraordinary and dangerous powers to use during the period of fictitious wars”.

The history of the law on extraterrestrial enemies of 1798 01:42

Jennifer Jacobs, Scott Macfarlane and Jacob Rosen contributed to this report.

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Nicole Brown Chau

Nicole Brown Chau is an assistant editor of CBSNEWS.com. She writes and modifies national news, health stories, explanators and more.

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