A judge upheld Trump’s use of the Alien Enemies Act to deport migrants, but required due process; critics say it dangerously expands executive power.

The Trump administration can invoke the Aliens Enemies Act to deport alleged Tren de Aragua gang members, a federal judge ruled on Tuesday. The big picture: U.S. District Judge Stephanie Haines is the first to approve the Trump administration's use of the 18th-century wartime law to quickly carry out deportations of alleged Venezuelan gang members to El Salvador.

Justice Alito pointed out that multiple states have also sued over the birthright citizenship order and won broader victories. The Trump administration is also arguing that states shouldn’t have been able to do that, but Sauer sticks to his point about the nationwide injunctions, saying they yield “all these sort of pathologies.”

The US Supreme Court on Thursday heard arguments over whether individual federal judges can block Donald Trump’s executive orders across the country. It is the first time the court has weighed in on whether judges in lower courts can block the president’s policies nationwide and could have wide-ranging implications for Trump’s ability to implement his second-term agenda.