WASHINGTON, USA — A federal judge has temporarily blocked the Trump administration from invoking a centuries-old wartime statute to expedite the deportation of some Venezuelan migrants whom the U.S. has accused of having ties to the Tren de Aragua gang.
In a late-night ruling on Saturday, U.S. District Judge James Boasberg halted the use of the Alien Enemies Act of 1798, which grants the president broad authority to remove noncitizens during times of war or national threat.
The law has historically been applied during global conflicts, including both World Wars, to detain and expel individuals from nations deemed adversarial.
The administration had sought to use the law to immediately detain and deport individuals it alleged were part of the criminal network, but the judge’s order puts those efforts on hold for at least 14 days.
“Particularly given the plaintiffs’ information, unrebutted by the government, that flights are actively departing and planning to depart, I do not believe that I’m able to wait any longer,” Boasberg stated.
“Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States.”
The ruling followed a hastily scheduled hearing after lawyers from the American Civil Liberties Union (ACLU) and Democracy Forward filed a legal challenge, arguing that the administration’s move exceeded its legal authority.
Legal Challenge and Government Appeal
Boasberg’s decision expanded on an earlier ruling that had blocked deportations for five individuals who challenged the use of the statute.
The broader temporary restraining order now covers all noncitizens in U.S. custody who would be subject to the proclamation issued by President Donald Trump on Saturday.
The Justice Department has appealed the ruling to the D.C. Circuit Court of Appeals, as the legal battle over the administration’s power under the Alien Enemies Act unfolds.
“I think there’s clearly irreparable harm here given these folks will be deported,” Boasberg stated in court. “A brief delay in their removal does not cause the government any harm.”
White House Justification and Historical Context
The Trump administration has defended the use of the statute, citing a national security imperative.
In a presidential proclamation issued earlier on Saturday, the White House described Tren de Aragua as a foreign terrorist organisation, stating that its members had “unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States.”
The proclamation ordered the immediate arrest, detention, and removal of those affected.
The Alien Enemies Act, one of the oldest immigration-related laws in the U.S., has been invoked only three times in history, each during wartime.
According to the Brennan Center for Justice, the law was previously used to justify detaining and expelling German, Austro-Hungarian, Italian, and Japanese immigrants during World Wars I and II.
It also played a role in the internment of Japanese Americans during World War II.
ACLU: Criminal Activity Is Not an “Invasion”
Opponents of the administration’s move argue that the Alien Enemies Act was never intended to be used against criminal gangs and does not apply in this context.
“The gang has not engaged in an invasion because criminal activity does not meet the longstanding definitions of those statutory requirements,” the ACLU argued in court filings.
The temporary restraining order remains in effect for 14 days or until further order of the court, with another hearing set for later this month.
