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The Trump administration on Friday asked the Supreme Court to lift lower court rulings that block the deportation of alleged Venezuelan gang members under the Alien Enemies Act.

The emergency request follows a decision earlier this week by a federal appeals court in Washington, D.C., which refused to allow deportations of suspected Tren de Aragua gang members to El Salvador under the wartime statute.

“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country — the President, through Article II, or the Judiciary,” acting Solicitor General Sarah Harris wrote in the filing. “The Constitution supplies a clear answer: the President.”

The Justice Department argues the president’s authority under Article II of the Constitution allows such actions without judicial interference, particularly under the Alien Enemies Act, which permits deportation of nationals from countries considered hostile during wartime.

The Supreme Court has ordered the attorneys representing five Venezuelan nationals who challenged the administration’s action to respond to the DOJ’s request by April 1.

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