A federal judge intervened over the weekend to prevent the Trump administration from relying on the 18th-century Alien Enemies Act to deport five Venezuelans, sparking a wave of legal challenges even before the President officially announced the plan. The Act, last used during World War II to justify Japanese-American internment, was anticipated to be invoked by President Trump. The American Civil Liberties Union and Democracy Forward promptly filed a lawsuit in Washington, arguing that the order would wrongly label a Venezuelan gang, Tren de Aragua, as a threat from a foreign government, leading to the deportation of any Venezuelan associated with the gang, regardless of their individual circumstances. Chief Judge James E. Boasberg issued a temporary restraining order to halt the deportation of the five Venezuelans in immigration custody, aiming to maintain the status quo temporarily. A hearing was scheduled to determine if the order should be extended to protect all Venezuelans in the U.S.
The Trump administration swiftly appealed the restraining order, fearing that preemptively blocking a presidential action would undermine the authority of the executive branch. The Justice Department argued that allowing such interference could lead to restraining orders on critical national security measures, setting a dangerous precedent. The debate around the Alien Enemies Act, which grants broad deportation powers, has reignited due to its potential to circumvent legal safeguards. The law’s historical wartime context and requirement for a formal war declaration raise concerns about its application in peacetime. Immigration lawyers raised alarms about deportation preparations undertaken without proper legal authority, prompting swift legal challenges.
