EXCLUSIVE – Freshman Congressman Brandon Gill, R-Texas, is teaming with pro-MAGA law firm America First Legal to file an amicus brief to the Supreme Court backing President Donald Trump’s use of the Alien Enemies Act to deport illegal immigrant gang members.
Gill, an outspoken conservative, was behind the effort to impeach the activist judge who halted the Trump administration's deportation of members of the Venezuelan gang Tren de Aragua – a violent criminal group known by its acronym TdA.
The brief was filed to the Supreme Court on Tuesday, just days after acting U.S. Solicitor General Sarah Harris petitioned the court to lift a temporary restraining order inhibiting the administration from carrying out its deportation agenda.
In their brief, America First and Gill argue the president has "absolute authority" under the Alien Enemies Act to determine when an invasion has occurred, and that this decision is "not judicially reviewable."
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The brief argues that "the evidence is that TdA has invaded the United States at the direction of the Venezuelan government and continues to invade, attempt to invade, and threaten to invade the country; perpetrated irregular warfare within the country; and used drug trafficking as a weapon against American citizens."
In a statement to Fox News Digital, America First senior counsel James Rogers said, "The notion that a single unelected judge may take it upon himself to micromanage the defense of our nation is an unprecedented and complete corruption of the separation of powers, which is a bedrock feature of our Republic."
"AFL is proud to join with Rep. Brandon Gill to stand up for the rule of law and to protect our American citizens," said Rogers.
"The evidence is that TdA is tied to the Government of Venezuela; members of this violent gang clearly qualify as invading aliens under the Alien Enemies Act," he added. "This law was passed more than 226 years ago, and courts have always held that they lack the power to interfere with the President’s authority as Commander in Chief to decide when to invoke the Act and expel aliens under its terms."
"No plaintiff is entitled to use the courts to frustrate the president's exercise of clear constitutional authority," added America First Vice President Dan Epstein.
"The Biden administration’s failures depict clear reasons why the United States must fight this visceral threat to American self-government and the rule of law," he went on, adding, "The president declared that the United States is under invasion. The president has the power to make such a determination."
This comes after a 2-1 decision by a D.C. Circuit Court of Appeals panel upheld a ruling by D.C. federal Judge James Boasberg, a Biden appointee, further blocking the Trump administration's immigration enforcement plans.
At issue is the Trump administration's authority to invoke the Alien Enemies Act, a 1798 wartime law, to immediately deport Venezuelan nationals, including alleged members of Tren de Aragua, which was designated a foreign terrorist organization by the Trump State Department.
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Trump issued an executive order on March 15 titled "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua." In the order, Trump stated that TdA is sponsored by Venezuelan socialist dictator Nicolás Maduro with the goal of "destabilizing democratic nations in the Americas, including the United States."
In response, Boasberg issued a temporary restraining order immediately blocking the Trump administration from using the Alien Enemies Act to deport Venezuelan nationals. In his ruling, Boasberg cited the need to better consider the merits of the case, prompting the administration to file an emergency request for the U.S. appeals court to intervene.
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The Trump administration’s appeal described the restraining order as a "massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens who pose threats to the American people."
In the administration’s petition to the Supreme Court, Harris said 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, through TROs [temporary restraining orders]."
She said the Constitution "supplies a clear answer: the president," adding, "The republic cannot afford a different choice."