A federal judge has temporarily blocked President Donald Trump from using the Alien Enemies Act of 1798 to carry out mass deportations of Venezuelans, citing concerns over the legality of his order. The decision marks a significant legal setback for Trump’s aggressive immigration policies, which have been a cornerstone of his administration.
Trump’s proclamation, issued on Saturday, targeted Venezuelan immigrants linked to the crime gang Tren de Aragua, declaring them as conducting “irregular warfare” against the United States. Under this order, all Venezuelan citizens aged 14 and above, suspected of gang affiliation, and without lawful permanent residency were to be deported as “Alien Enemies.”
However, US District Judge James Boasberg intervened, issuing a 14-day halt on deportations. Reports indicate that at least two deportation flights were in the air when the ruling was made, though the extent to which they were affected remains unclear.
The Alien Enemies Act, originally designed for wartime scenarios, grants the president authority to detain and remove individuals deemed threats to national security. The law was infamously invoked during World War II to intern Japanese Americans. Legal experts argue that the Act requires an official declaration of war, which Congress alone has the power to make. Judge Boasberg questioned whether the terms “invasion” and “predatory incursion” applied to the gang’s activities, casting doubt on Trump’s justification for using the law.
Civil rights groups, including the American Civil Liberties Union (ACLU), swiftly filed lawsuits to block the order, arguing that it bypasses due process and could lead to wrongful detentions. Katherine Yon Ebright of the Brennan Center for Justice criticized the move, stating that Trump sought to avoid proving individuals’ gang affiliations in court, effectively enabling “sweeping detentions and deportations of Venezuelans based on their ancestry.”
While the ruling is temporary, the case is expected to progress through the legal system and could reach the Supreme Court. Meanwhile, Trump’s supporters remain largely in favor of his hardline immigration stance, reinforcing his commitment to reshaping US immigration policies since taking office in January.