U.S. District Judge James Boasberg, left, and President Donald Trump. (Getty Images)
"This immediately allowed under the Alien Enemies Act for President Trump and his administration to accelerate deportations of individuals from Venezuela and gang members," she later added.
Earlier last week, U.S. District Judge James Boasberg asked the Justice Department about public comments Trump and other Cabinet officials made about deportation proceedings under the Alien Enemies Act and floated the idea of moving some migrants to Guantánamo Bay.
During the hearing, Boasberg specifically pressed Justice Department lawyers about statements made by Trump and Homeland Security Secretary Kristi Noem about CECOT, the maximum-security prison in El Salvador where the U.S. has deported hundreds of migrants, and the White House’s ability to secure someone’s release.
U.S. Immigration and Customs Enforcement agents conduct an arrest as part of President Donald Trump's wide-ranging immigration crackdown in Chicago on January 26, 2025 in a still image from video. (Immigration and Customs Enforcement/Handout via REUTERS)
The Republican attorney said that from her perspective, many federal judges are questioning the president’s ability to actually decide what is considered an alien enemy.
"What’s happening today is courts through judicial activism are actually challenging that. So what they're saying is that the president can't designate somebody an alien enemy. They can't designate Tren de Aragua an alien enemy. And more importantly, courts are pushing and saying that these individuals that are illegal terrorists in our country deserve due process," Cooke explained.
Fox News’ Breanne Deppisch and Jake Gibson contributed to this report.
Cameron Arcand is a politics writer at Fox News Digital in Washington D.C. Story tips can be sent to Cameron.Arcand@Fox.com and on Twitter: @cameron_arcand
https://www.foxnews.com/politics/legal-expert-reveals-why-centuries-old-law-crucial-trump-admin-immigration-fight