Lower courts have issued a record number of nationwide injunctions against President Donald Trump in the first two months of his second term.
Fifteen injunctions frustrating various aspects of Trump’s agenda, from immigration reform to the eligibility of transgenders to serve in the military, have been issued.
By contrast, Joe Biden was subject to 14 in his four-year term, Barack Obama was subject to 12 in his two full terms—a record at the time—and George W. Bush was on the receiving end of six in his two terms.
During his first term, Trump was subject to a whopping 64 nationwide injunctions. At the current rate, President Trump could exceed that figure before the first year of this term is out.
The scope of district-court rulings has increased dramatically in recent years.. Generally, they were considered to apply only to the parties before them, but during the Obama administration, judges became more willing to apply their decisions at the national level, giving them the same scope as a Supreme Court ruling.
A notable judicial block was issued last weekend by an Obama-appointed judge.
President Trump invoked the Alien Enemies Act to expedite the deportation of members of Tren de Aragua, but ithin hours of the President’s order being issued, Judges James Boasberg revoked it and ruled that deportation flights in the air, including a plan bound for El Salvador, must be turned around. The planes continued to their destinations, and the White House later issued a statement saying the flights were not in violation of the judge’s order and that it would be challenged in the Supreme Court.
Under the Alien Enemies Act, which was first issued in response to the threat of war with France, the President would have the power to allow non-citizens to be deported without the opportunity to appear before an immigration or federal judge.
Since 1798, the act has been used only three times: during the War of 1812, World War I and World War II, when it was used to inter people of German, Italian and Japanese ancestry. Over 100,000 people with Japanese ancestry were interred in camps between 1941 and 1945, including American citizens.
Trump said on a number of occasions during the election campaign that he would use extraordinary powers to remove illegal aliens.
In his inaugural address, the President said the Alien Enemies Act would be a key part of his immigration policy.
“By invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to U.S. soil,” he said.
“As commander in chief, I have no higher responsibility than to defend our country from threats and invasions.”