A group of former Republican lawmakers and officials is opposing President Trump’s use of the Alien Enemies Act for deportations.
The group of conservatives, along with the State Democracy Defenders Fund, filed an amicus brief with the Supreme Court to oppose the Trump administration’s use of the 18th-century wartime law.
The brief was filed with the high court to oppose the Trump administration’s emergency application asking the justices to allow the administration to continue using the act for deportations.
In the brief, the group argues that the administration’s use of the law, which has been invoked three times since its passage in 1798 and not since World War II, is “unwarranted and violates constitutional limits on executive power.”
It also challenges the administration’s argument that the act cannot be reviewed by the courts.
Trump invoked the Alien Enemies Act on March 15 to deport more than 200 alleged members of the Venezuelan Tren de Aragua (TdA) gang.
The move has since become the center of a legal battle that has shone a light on the tensions between the executive and judicial branches.
District Judge James Boasberg ordered that the deportation flights not leave the U.S. and, after authorities failed to turn the planes around, accused the administration of defying his ruling. The administration has argued that the flights had already left U.S. airspace by the time Boasberg issued a written order and were not required to return.
Trump officials have also levied repeated attacks against the judge, with the president explicitly calling for his impeachment.
Chief Justice John Roberts responded with a rare public statement rebuking the president.
The amicus brief has been signed by 32 former Republican officials, including conservative former federal judge J. Michael Luttig, conservative lawyer George Conway, former Trump administration attorney Ty Cobb and several former GOP lawmakers.