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Monday, Mar 17, 2025
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Judge Temporarily Blocks Trump's Deportation Order Under Wartime Law
Federal court issues a 14-day restraining order against the use of the Alien Enemies Act for expelling alleged members of a Venezuelan gang.
A federal judge has issued a temporary restraining order, blocking deportations related to President Donald Trump's invocation of the Alien Enemies Act of 1798 aimed at purported members of the Venezuelan gang Tren de Aragua.
Just hours after Trump announced his decision, Judge James Boasberg ruled that the act does not support such a proclamation, as its terms concerning "invasion" and "predatory incursion" typically refer to actions by foreign nations in a state of war.
In his proclamation, Trump characterized the gang's activities as an "invasion," asserting that members of Tren de Aragua were engaging in actions that destabilize the United States through irregular warfare, including kidnapping and extortion.
The Alien Enemies Act, rarely used, allows for the expedited deportation of individuals classified as threats during wartime.
Under the president's order, Venezuelan individuals aged 14 or older identified as gang members would face removal as "Alien Enemies" if they are not lawful residents or naturalised citizens.
Historically, the act was notably used during World War II to justify the internment of individuals of Japanese, German, and Italian descent.
Earlier this year, the Trump administration designated Tren de Aragua and several other criminal organizations, including the Sinaloa Cartel, as global terrorist groups.
The administration claimed that Tren de Aragua has contributed to mass illegal migration to the U.S., threatening the security of American citizens.
Following Trump's announcement, legal challenges emerged.
The ACLU and other organizations had previously secured a temporary injunction preventing the deportation of five Venezuelan nationals, arguing that the invocation of the Alien Enemies Act was illegal since it is traditionally employed in times of war and pertains to actual hostilities.
The ACLU asserts that these individuals were inappropriately classified as gang members while seeking asylum in the U.S.
Trump's rhetoric regarding the gang has featured prominently in his political speeches, promoting his narrative about increased crime linked to immigration.
Legal experts and advocates have criticized the use of the Alien Enemies Act in this context, with New York Attorney General Letitia James denouncing it as unjust and reflecting a troubling historical legacy.
Immigration attorney William Vasquez noted this unprecedented application of the act against individuals from a country with which the U.S. is not in a state of war.
The President’s proclamation, although circulated by the White House, appeared to have been signed prior to the announcement.
As the temporary restraining order is in effect for 14 days, the government has indicated plans to appeal Judge Boasberg's decision.
The White House has not provided comment on this ongoing legal dispute.
Just hours after Trump announced his decision, Judge James Boasberg ruled that the act does not support such a proclamation, as its terms concerning "invasion" and "predatory incursion" typically refer to actions by foreign nations in a state of war.
In his proclamation, Trump characterized the gang's activities as an "invasion," asserting that members of Tren de Aragua were engaging in actions that destabilize the United States through irregular warfare, including kidnapping and extortion.
The Alien Enemies Act, rarely used, allows for the expedited deportation of individuals classified as threats during wartime.
Under the president's order, Venezuelan individuals aged 14 or older identified as gang members would face removal as "Alien Enemies" if they are not lawful residents or naturalised citizens.
Historically, the act was notably used during World War II to justify the internment of individuals of Japanese, German, and Italian descent.
Earlier this year, the Trump administration designated Tren de Aragua and several other criminal organizations, including the Sinaloa Cartel, as global terrorist groups.
The administration claimed that Tren de Aragua has contributed to mass illegal migration to the U.S., threatening the security of American citizens.
Following Trump's announcement, legal challenges emerged.
The ACLU and other organizations had previously secured a temporary injunction preventing the deportation of five Venezuelan nationals, arguing that the invocation of the Alien Enemies Act was illegal since it is traditionally employed in times of war and pertains to actual hostilities.
The ACLU asserts that these individuals were inappropriately classified as gang members while seeking asylum in the U.S.
Trump's rhetoric regarding the gang has featured prominently in his political speeches, promoting his narrative about increased crime linked to immigration.
Legal experts and advocates have criticized the use of the Alien Enemies Act in this context, with New York Attorney General Letitia James denouncing it as unjust and reflecting a troubling historical legacy.
Immigration attorney William Vasquez noted this unprecedented application of the act against individuals from a country with which the U.S. is not in a state of war.
The President’s proclamation, although circulated by the White House, appeared to have been signed prior to the announcement.
As the temporary restraining order is in effect for 14 days, the government has indicated plans to appeal Judge Boasberg's decision.
The White House has not provided comment on this ongoing legal dispute.
