Trump admin updates: ICE launches immigration enforcement operation in Boston

A federal appeals court on Tuesday ruled that the Trump administration cannot use a centuries-old wartime authority to speed up the removals of noncitizens alleged to be members of the Venezuelan gang Tren de Aragua.

In a 2-1 decision, the 5th U.S. Circuit Court of Appeals ruled that President Donald Trump’s invocation of the Alien Enemies Act did not meet the legal requirement of a war or an invasion.

The Louisiana-based appeals court -- one of the most conservative in the country -- rejected the Trump administration’s argument that members of Tren De Aragua comprised a hybrid criminal state intent on invading the U.S.

“A Country's encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States. There is no finding that this mass immigration was an armed, organized force or forces,” Judge Leslie H. Southwick wrote.

In a dissenting opinion, Judge Andrew Oldham rebuked his colleagues for second-guessing Trump’s determination about the alleged invasion.

“That contravenes over 200 years of legal precedent. And it transmogrifies the least-dangerous branch into robed crusaders who get to playact as multitudinous Commanders in Chief,” he wrote.

-ABC News' Laura Romero and Peter Charalambous

The Defense Department says it’s looking to tap military judge advocates and civilian attorneys to begin working on the growing backlog of immigration cases that’s topped 3.6 million cases in recent years.

The move is part of President Donald Trump’s crackdown on migration to the U.S., and in particular, asylum seekers. Under U.S. law, a person who enters the country illegally is still allowed to seek asylum through an immigration court.

The Justice Department, which oversees the court system, says it has tried to hire more judges in recent years but remains overwhelmed by the number of new cases being filed, with some 1.8 million new cases added last year, according to the Congressional Research Service.

In a statement, chief Pentagon spokesman Sean Parnell said the Defense Department is in the process of identifying people who can work as temporary judges at the request of the Justice Department.

“These DOD attorneys will augment existing resources to help further combat a backlog of cases by presiding over immigration hearings,” Parnell wrote in a statement.

According to an email sent by the Navy Judge Advocate General obtained by ABC News, the military is interested in 100 volunteers -- active duty, reserve and civilian -- who could begin work this November for a roughly six-month stint.

But that number is expected to grow. The Associated Press first reported on Tuesday that Defense Secretary Pete Hegseth has approved sending up to 600 military lawyers to work as temporary immigration judges.

“Preferred volunteers will have experience in administrative law, immigration law, as a military judge or in related fields,” the Navy JAG wrote in its email calling for the initial group of volunteers.

“Furthermore, selected officers must demonstrate a record of sound judgment, legal expertise and analytical ability, coupled with exceptional discernment and impartiality, a professional demeanor, suitable temperament for the role of immigration judge and strong written and oral communication skills are also essential,” the email added. “Judge advocates must be active members in good standing of a state bar or The DC bar.”

-ABC News' Will Steakin and Anne Flaherty

Sen. Bill Cassidy told reporters he’s not walking back his support for Health and Human Services Secretary Robert F. Kennedy Jr. despite Kennedy’s changes to vaccine policy and the termination of CDC Director Susan Monarez.

“People are going to try to make this something more than it is. I’m not presupposing anyone is right or wrong. I am saying we’ve got to get to the truth because there are serious allegations and so that will take radical transparency -- to quote the president, to quote the secretary,” Cassidy said.

“So I am not presupposing someone is right or wrong. I just know we’ve got to figure it out,” he said.

Cassidy, a physician who cast a key vote for Kennedy’s confirmation and chairs the committee that focuses on health, has been embroiled in the CDC showdown -- both during the termination, when Monarez called Cassidy to alert him that Kennedy was pushing her out, and afterward, as Cassidy called for oversight investigations into the major staff shakeups at CDC.

But on Tuesday, he maintained that Kennedy and Trump are still in fact-finding mode, and he wouldn’t make a final judgement until all of the data was out there.

-ABC News’ Cheyenne Haslett and Allison Pecorin

Illinois Democratic Gov. JB Pritzker said he expects to see what played out in Los Angeles and Washington to happen in Chicago in the coming days.

"First, Donald Trump is positioning armed federal agents and staging military vehicles on federal property, such as the Great Lakes Naval base. It is likely those agents will be with ICE, Customs and Border Patrol, the Department of Homeland Security and other similarly situated federal agencies. Many of these individuals are being relocated from Los Angeles for deployment in Chicago," the governor said.

Pritzker said he expects agents are planning to "raid Latino communities and say they're targeting violent criminals" and that Trump "will be looking for any excuse to put active duty military on our streets, supposedly to protect ICE."

"We have reason to believe that the Trump administration has already begun staging the Texas National Guard for deployment in Illinois," Pritzker said.