In 1798, with the U.S. preparing for what it believed would be a war with France, Congress passed a series of laws that increased the federal government’s reach. The Alien Enemies Act was created to give the president wide powers to imprison and deport noncitizens in time of war.

A federal judge held a hearing on the Trump administration's deportation of more than 200 illegal immigrants to El Salvador after a court ordered the flights to be stopped. Former Trump administration acting DHS Secretary Ken Cuccinelli says the administration is tackling the issue aggressively and that due process does not apply to deportations.

The president’s invocation of the wartime law enacted in 1798 was quickly blocked by a federal judge. It had only been used three times before in U.S. history.