A federal judge issued an emergency ruling on Saturday, blocking the Trump administration from using a rarely invoked 18th-century law to deport Venezuelan migrants accused of gang affiliation. The decision came just hours after President Donald Trump invoked the Alien Enemies Act of 1798 to facilitate the rapid removal of alleged members of the Tren de Aragua gang.
U.S. District Judge James E. Boasberg ordered an immediate halt to the deportations, citing concerns that some migrants were already en route to El Salvador and Honduras, where they were set to be detained under agreements with those countries. El Salvador had previously agreed to take in up to 300 migrants classified as gang members.
“I do not believe I can wait any longer and am required to act,” Boasberg stated during an emergency hearing in response to a lawsuit filed by the American Civil Liberties Union (ACLU) and Democracy Forward. He ordered any planes already in flight to be turned around and emphasized that delaying removals would not harm the government, as the individuals remained in custody.
Trump Administration Invokes Wartime Powers
Trump’s proclamation, released just before Boasberg’s hearing, described Tren de Aragua as an “invading force” and claimed the gang posed a national security threat. The administration’s use of the Alien Enemies Act marks only the fourth time the law has been invoked, with previous instances occurring during major wars, including World War II.
“Over the years, Venezuelan national and local authorities have ceded ever-greater control over their territories to transnational criminal organizations, including TdA,” Trump stated in his proclamation. “The result is a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States.”
By invoking the law, the administration sought to bypass standard immigration procedures, allowing for immediate deportations and stripping legal protections from those targeted. Critics argue this move grants the president unchecked authority over immigration enforcement.
Legal Challenges and Political Fallout
Attorney General Pam Bondi denounced Boasberg’s ruling, arguing that it undermined the president’s authority. “This order disregards well-established authority regarding President Trump’s power and puts the public and law enforcement at risk,” she said in a statement.
The Justice Department quickly appealed the decision, warning that blocking a presidential order on national security grounds could set a dangerous precedent. “If this order is allowed to stand, district courts would have license to enjoin virtually any urgent national-security action,” the department stated.
Deputy Assistant Attorney General Drew Ensign defended the administration’s position, citing past Supreme Court rulings that allowed President Harry Truman to detain a German citizen under the Alien Enemies Act three years after World War II ended. He argued that Trump had broad latitude to determine threats to national security and act accordingly.
However, ACLU attorney Lee Gelernt contended that the law had never been applied against a criminal gang rather than a recognized state. Boasberg acknowledged the legal complexity of the issue but ruled that the plaintiffs had a strong case.
Implications of the Ruling
Boasberg’s order blocks deportations for 14 days and sets a hearing for Friday to further examine the legality of Trump’s actions. Immigration lawyers warned that if upheld, the administration could use the Alien Enemies Act to target other groups, such as MS-13, which Trump has frequently criticized.
Venezuela’s government condemned the proclamation, calling it a “flagrant violation of human rights” and likening it to past wartime abuses, including the internment of Japanese Americans during World War II.
As the legal battle unfolds, the case raises significant questions about presidential power, immigration enforcement, and the potential expansion of wartime laws into domestic policy.
