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Trump’s Use of Wartime Law to Deport Scholar Sparks Outcry and Constitutional Crisis Warnings

The Trump administration’s controversial attempt to deport Georgetown University scholar Badar Khan Suri has ignited widespread condemnation and intensified fears of a looming constitutional crisis, as the Justice Department faces accusations of defying a federal judge’s emergency order.

Suri, an Indian national and legal U.S. resident, was seized by masked federal agents under claims of national security concerns. The Justice Department has so far refused to answer basic questions from the bench, raising alarm among legal experts and the Washington Post editorial board, which sharply criticized the administration’s conduct.

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“Refusing to answer basic questions from a federal judge, apparently because it would risk providing evidence that the Trump administration defied the judge’s emergency order,” the board wrote, “pushes the republic closer to a constitutional crisis.”

At the center of the controversy is the administration’s reliance on the Alien Enemies Act of 1798—a rarely used wartime statute invoked previously only during declared wars such as the War of 1812 and the World Wars. Legal experts and the Associated Press have noted that no formal declaration of war currently exists between the U.S. and Venezuela, casting doubt on the administration’s legal justification.

“Trump is on shaky legal ground,” the Post editorial board warned. “The Act doesn’t use constitutional due process because, again, it’s for use during times of war.” Further fueling tensions, Trump has called for the impeachment of U.S. District Judge James Boasberg, who issued the emergency order to halt deportations.

“Trump may relish this fight as good politics, but his public call for impeaching Boasberg has escalated his recent efforts to undermine the rule of law,” the board argued. Meanwhile, the rhetoric coming from within the administration has drawn sharp criticism. “I don’t care what the judges think,” said Trump-appointed border czar Tom Homan during an appearance on Fox News.

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Though the White House claims those being deported are international gang members, the Post cited “reliable reporting” indicating that some individuals have no gang affiliation and have been denied access to attorneys or contact with family.

Even international voices have weighed in. El Salvador’s President Nayib Bukele referred to the situation as a “judicial coup,” with support echoed by some in the MAGA sphere. Tech billionaire Elon Musk reposted the conversation on X, stating, “It is the only way.”

The Post fired back: “It is not the only way, and it is not the American way.” The editorial concluded by warning against authoritarian impulses masked as national security: “The United States must continue to aspire to its own higher ideals.”

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