The ruling by U.S. District Judge James Boasberg, right, has raised ire among conservatives. (Getty Images)
The act, which was last invoked during World War II, provides the president broad powers to imprison or deport foreign nationals during a time of war.
A proclamation signed by Trump on Saturday claimed that gang members belonging to the Venezuelan-based gang Tren de Aragua (TdA) were "conducting irregular warfare and undertaking hostile actions against the United States," a follow-up to Trump’s move last month to designate several drug cartels, including TdA, as "Foreign Terrorist Organizations."
That move prompted a lawsuit filed by the American Civil Liberties Union, eventually resulting in Boasberg’s decision to issue a 14-day restraining order halting deportations under the act.
However, Aguilar believes the lawsuits are part of a broader strategy by opponents of the president to bog down his administration, arguing that left-wing groups have engaged in "forum shopping" for judges who they believe will be politically sympathetic to resisting Trump.
"We’ve seen it since the beginning of the administration, on every single executive order, certainly on immigration enforcement actions, is to go forum shopping, they look for a federal district judge that they know is going to be sympathetic to try to block an order or action from the administration," Aguilar said.
William Jacobson, a Cornell University law professor and founder of the Equal Protection Project, told Fox News Digital that the trend of judges blocking Trump’s orders does raise serious legal questions.
The Supreme Court may need to step in and rebuke lower federal courts for overreach, a legal scholar tells Fox News Digital. (Donald Trump: Photo by Peter Zay/Anadolu Agency via Getty Images | Supreme Court: Photo by Anna Moneymaker/Getty Images)
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Aguilar also believes the Supreme Court will need to intervene, though he stressed that delays in the meantime could continue to spell trouble for national security.
"If you send a clear message to these individuals that if you're coming here to commit crime or engage in terrorism, we will detain you. We will remove you immediately," he said. "That serves as a powerful form to dissuade this type of behavior. So it does have an impact on the administration's efforts to protect the security of our country."
Fox News Digital's Alec Schemmel contributed to this report.
Michael Lee is a writer for Fox News. Prior to joining Fox News, Michael worked for the Washington Examiner, Bongino.com, and Unbiased America. He has covered politics for more than eight years.
https://www.foxnews.com/politics/allowing-judges-impede-trump-immigration-poses-national-security-threat-expert