In 1798, with the U.S. preparing for what it believed would be a war with France, Congress passed a series of laws that increased the federal government’s reach. The Alien Enemies Act was created to give the president wide powers to imprison and deport noncitizens in time of war.

Administration officials said they expect the fight over using the wartime act to ultimately head to the Supreme Court.

The president’s invocation of the wartime law enacted in 1798 was quickly blocked by a federal judge. It had only been used three times before in U.S. history.