The President of the United States has the authority to invoke the Foreign Enemies Act during times of 'declared war' or under an invasion by a foreign nation. Upon taking office, Donald Trump declared a national emergency at the southern border and ordered the Pentagon to deploy additional resources. The Department of Justice expressed its support in stopping the 'invasion' at the southern border. This measure could generate legal challenges, testing the limits of Trump's presidential powers on immigration issues.
Trump's immigration policies have been the subject of judicial evaluations, including measures to eliminate automatic citizenship by birth and deport Mahmoud Khalil, a Palestinian activist. Despite raids and deportations, there have been delays and concerns within the administration about the speed of executing presidential directives, including changes in ICE personnel.
Trump has requested additional funding from Congress to accelerate deportations and complete the border wall with Mexico. He also signed executive orders related to designating certain organizations as terrorists and collaborating on possible implementation of the Foreign Enemies Act. During the campaign, Trump promised to use the law against migrants crossing the border illegally, and there has recently been a reduction in illegal crossings.
A federal judge has blocked Trump's attempts to intensify deportations of undocumented immigrants under the 1798 Foreign Enemies Act, after the president invoked this law against the Tren de Aragua, a Venezuelan gang. Trump argues that this is part of efforts to combat illegal immigration. In his second term, Trump has taken steps for mass deportations and securing the borders, using powers rarely employed in the history of the United States.
