A US judge has raised the hypothetical question of whether President Donald Trump could deport The Beatles under an 18th-century wartime statute, during legal arguments over its use against Venezuelan gang members.
Judge Jennifer Walker Elrod of the 5th U.S. Circuit Court of Appeals in New Orleans asked if the Alien Enemies Act of 1798 could be deployed against a 'British invasion' deemed to corrupt young minds. A government attorney responded that the president indeed possessed such power, and courts could not prevent its exercise.
The exchange occurred in the administration's appeal of a ruling that found Trump improperly used the act to target the Venezuelan gang Tren de Aragua. The act has only been invoked three times before—during the War of 1812 and both world wars.
Government attorney Drew Ensign argued that the law allows invocation in cases of 'invasion' or 'predatory incursion', and that courts should accept a president's declaration. He noted that Trump alleged the gang acted at the behest of Venezuela's former government.
The full 5th Circuit heard arguments on Thursday, and its ruling is pending. The case is expected to reach the U.S. Supreme Court, which has already intervened twice, including halting flights deporting Venezuelans under the act.
