GOOD EVENING, I'M JOHN YANG.

NEARLY 300 VENEZUELANS ARE IN EL SALVADOR TONIGHT, AFTER BEING DEPORTED FROM THE UNITED STATES WITHOUT A HEARING UNDER A RARELY USED 18TH CENTURY LAW AND DESPITE A FEDERAL JUDGE'S ORDER BLOCKING THE MOVE.

THIS MORNING, EL SALVADOR PRESIDENT NAYIB BUKELE POSTED VIDEO ON TWITTER SHOWING THEM ARRIVING AND BEING TAKEN INTO CUSTODY.

THE TRUMP ADMINISTRATION SAYS THEY ARE MEMBERS OF A NOTORIOUS VENEZUELAN GANG CALLED TREN DE ARAGUA AND SUMMARILY DEPORTED THEM UNDER THE ALIEN ENEMIES ACT OF 1798.

THEY LANDED IN EL SALVADOR JUST HOURS AFTER A FEDERAL JUDGE BLOCKED THE ADMINISTRATION FROM USING THAT LAW TO DEPORT ANYONE AND ORDERED ANY PLANES THAT HAD TAKEN OFF TO TURN AROUND.

KATHERINE YON EBRIGHT IS A COUNSEL AT THE BRENNAN CENTER FOR JUSTICE.

WHAT DO YOU MAKE OF THAT?

THE JUDGE SAID THE PLANES HAD TO TURN AROUND AND CLEARLY THEY DID NOT ALL STOP KATHERINE: IT IS A REAL CHALLENGE FOR THE RULE OF LAW, OUR SYSTEMS OF CHECKS AND BALANCES.

PART OF THIS IS THAT THIS IS A DISTRICT COURT, NOT A COURT OF APPEALS, AND I SHOULD HOPE THAT AS THIS CASE PROGRESSES AS WE MOVE PAST THE TEMPORARY RESTRAINING ORDER OR THE JUDGE'S ORDER IN THIS CASE AT THIS TIME THAT THE FEDERAL GOVERNMENT'S COMPLIANCE WITH THE COURT'S ORDERS BECOMES SERIOUS AND AND ROBUST.

AGAIN, CONSISTENT WITH OUR SYSTEM OF CHECKS AND BALANCES.

JOHN: WHAT IS THE ALIEN ENEMIES ACT OF 1798, AND HOW HAS IT BEEN USED IN THE PAST?

KATHERINE: THE ALIEN ENEMIES ACT IS A WARTIME AUTHORITY.

IT IS NOT AN IMMIGRATION AUTHORITY, PARTICULARLY NOT IN PEACETIME.

IT ALLOWS THE PRESIDENT, WHEN THERE'S A DECLARED WAR, AN INVASION OR PREDATORY INCURSION.

THOSE ARE ACTS OF WAR, TO REGULATE, DETAIN AND DEPORT INDIVIDUALS WHO DO NOT HAVE U.S.

CITIZENSHIP WHO ARE FROM THE COUNTRY WITH WHICH WE'RE AT WAR, AND CONSISTENT WITH THIS BEING A WARTIME AUTHORITY, IT'S ONLY BEEN USED IN 3 CONFLICTS, THE WAR OF 1 12, WORLD WAR I AND WORLD WAR II.

REVIVING THIS KIND OF LAW PARTICULARLY AGAIN FOR PEACETIME IMMIGRATION ENFORCEMENT IS WILDLY INAPPROPRIATE.

JOHN: UNDER A DECLARED WAR OR INVASION.

NOW PRESIDENT TRUMP AND HIS EXECUTIVE ORDER JUSTIFIED USING THIS LAW BY SAYING THAT THESE GANG MEMBERS HAVE UNLAWFULLY INFILTRATED THE UNITED STATES AND ARE CONDUCTING IRREGULAR WARFARE AND UNDERTAKING HOSTILE ACTIONS AGAINST THE UNITED STATES.

IN YOUR VIEW, IS THAT ENOUGH TO USE THIS LAW?

KATHERINE: THAT'S TRUMPED UP RHETORIC.

WHAT WE ARE SEEING FROM THE GANG TO THE EXTENT THAT IT IS IN THE UNITED STATES IS CRIMINAL ACTIVITY AND CERTAINLY CRIMINAL ACTIVITY SHOULD BE TAKEN SERIOUSLY, AND INDIVIDUALS WHO ARE MEMBERS OF THIS GANG OR INDIVIDUALS WHO ARE COMMITTING SERIOUS CRIMES IN THE UNITED STATES CAN BE DETAINED AND THEN DEPORTED UNDER PEACETIME IMMIGRATION LAW.

YOU DO NOT NEED TO TURN TO A WARTIME AUTHORITY FROM 1798 LAST USED FOR INTERNMENT IN WORLD WAR II TO ADDRESS CRIMINAL ACTIVITY OR UNLAWFUL MIGRATION.

AND I WILL SAY THAT THE PROCLAMATION THAT THE PRESIDENT ISSUED DOES COVER PEOPLE WHO ARE LAWFULLY PRESENT IN THE UNITED STATES, AND SO YOU CAN'T SAY THAT INVOKING THE ALIEN ENEMIES ACT IS ACTUALLY ABOUT UNLAWFUL MIGRATION.

WHILE SAYING THAT WE'RE GOING TO TARGET PEOPLE WHO ARE HERE LAWFULLY.

JOHN: LAST NIGHT, THE ATTORNEY GENERAL PAM BONDI SAID THAT THE COURT ORDER PUTS THE PUBLIC AND LAW ENFORCEMENT AT RISK.

WHAT DO YOU SAY TO THAT?

KATHERINE: THE WAY THAT THE COURT ORDER WAS ANNOUNCED AND WRITTEN, IS IT ONLY APPLIES TO INDIVIDUALS WHO ARE IN CUSTODY ALREADY.

AND SO, WHAT RISK IS POSED BY PEOPLE WHO ARE ALREADY DETAINED FOR HAVING UNDERTAKEN CRIMINAL ACTIVITY OR BEING SUSPECTED OF A GANG MEMBERSHIP, AND SO THERE'S NO WAY, SHAPE OR FORM IN WHICH THERE IS AN IMMINENT OR ONGOING PUBLIC SAFETY OR NATIONAL SECURITY RISK THAT EMANATES FROM THE ORDER THAT THE JUDGE ISSUED.

JOHN: WHAT COULD THE ACLU DO ABOUT THE VENEZUELANS WHO LANDED IN EL SALVADOR, DESPITE THE THE JUDGE'S ORDER.

IS THERE ANYTHING, ANY RECOURSE?

KATHERINE: THE JUDGE WAS QUITE CLEAR THAT ONCE INDIVIDUALS ARE IN EL SALVADOR, THEY FALL BEYOND THE COURT'S JURISDICTION.

I THINK ACLU CAN AND SHOULD RAISE WITH THE JUDGE THE NONCOMPLIANCE, HOWEVER, WITH THE JUDGE'S ORDER AND SEE WHAT AVENUES ARE AVAILABLE TO TRY TO ENSURE THAT THE GOVERNMENT DOES COMPLY WITH FUTURE ORDERS, INCLUDING, YOU KNOW, COMPLY WITH THE ORDER THAT'S ALREADY ON THE BOOKS.

JOHN: WHAT DO YOU THINK THE SIGNIFICANCE, THE LARGER SIGNIFICANCE IS OF THE PRESIDENT INVOKING THIS ACT.

KATHERINE: AS I'VE SAID, IT'S A WARTIME AUTHORITY.

IT CANNOT, SHOULD NOT BE USED FOR PEACETIME IMMIGRATION ENFORCEMENT.

I THINK ON THE GROUND THERE ARE VENEZUELAN IMMIGRANT COMMUNITIES.

THERE ARE U.S. CITIZENS OF VENEZUELAN DESCENT WHO ARE WORRIED THAT THEY'RE GOING TO BE TARGETED, WRONGLY ACCUSED OF BEING MEMBERS OF TRENDE ARAGUA .

DEPORTED WITHOUT EVIDENCE, WITHOUT A HEARING, AND THAT'S THE KIND OF THING THAT IS FRANKLY UN-AMERICAN.

TARGETING PEOPLE WITHOUT THEIR RIGHTS BASED ON WHERE THEY WERE BORN, WHAT THEY LOOK LIKE, AND YET THAT IS THE MOMENT THAT WE'RE IN, AND MY HOPE IS THAT THE COURTS SHUT THIS DOWN PROMPTLY.

BECAUSE NOT ONLY IS THIS AN ABUSE OF A LAW, THIS IS A USE OF IT THAT DOES NOT SQUARE WITH THE TEXT OR THE HISTORY OF THE LAW.

IT IS A BETRAYAL OF AMERICAN VALUES.

JOHN: KATHERINE YON EBRIGHT OF THE BRENNAN CENTER FOR JUSTICE, THANK YOU VERY MUCH THANK YOU.