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As the legal battle unfolds, discussions have emerged regarding the appropriateness of using the Alien Enemies Act in this context and the implications for U.S. immigration law. Some former officials argue that the executive branch possesses the discretion to make such determinations, especially in circumstances deemed to involve national security.
Jonathon Fahey, a former acting ICE director, remarked that the current challenges are indicative of broader issues stemming from the policies of the Biden administration, which he claims have created a risky environment regarding public safety. He also expressed skepticism that the ruling would withstand higher court scrutiny.