WASHINGTON — US President Donald Trump on Friday appealed to the Supreme Court to overturn a lower court ban on his use of an obscure wartime law to deport alleged gang members without due process.

 

The appeal sets up a showdown over one of the most glaring examples of Trump's unprecedented attempts to increase presidential power since returning to the White House in January.

 

Trump invoked the little-known 1798 Alien Enemies Act to justify rounding up alleged Venezuelan gang members, some of whom were sent to a notorious prison set up by the right-wing government in El Salvador.

 

The Trump administration has used images of the alleged Tren de Aragua gang members being shackled and having their heads shaved in the Central American prison as proof that it is serious about cracking down on illegal immigration.

 

Rights advocates say some of the deportees had nothing to do with gangs and that even potential criminals are required to be given court hearings before expulsion, in line with the US Constitution.

 

A senior federal judge, James Boasberg, issued an injunction barring further flights of deportees under the Alien Enemies Act. He has been asked by the American Civil Liberties Union to extend the restraining order when it expires Saturday.

 

An initial appeal by the Trump administration was turned down Wednesday.

 

In its appeal to the Supreme Court, which is dominated by conservative justices, the White House said the case is a key test of presidential authority over the courts.

 

"This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country" -- the president or judges, the administration said.

 

The appeal said Boasberg's injunction was "flawed" and threatens "the government's sensitive negotiations with foreign powers".

 

The Supreme Court should "vacate the district court's orders. In addition, the Acting Solicitor General respectfully requests an immediate administrative stay of the district court's orders pending the Court's consideration of this application".

 

Trump has campaigned relentlessly on social media against Boasberg, even calling for him to be removed from his post by Congress.