A federal judge halted the Trump administration’s attempt to deport five Venezuelans using the Alien Enemies Act, an 18th-century law. This move generated a wave of legal challenges even before the president officially announced it. President Donald Trump had indicated his intention to invoke the 1798 Act, which was last used to justify the internment of Japanese-American civilians in World War II.
The American Civil Liberties Union and Democracy Forward filed a lawsuit in federal court in Washington on Saturday, arguing that the order would unfairly label a Venezuelan gang, Tren de Aragua, as a threat from a foreign government. The order sought to deport any Venezuelan in the country purportedly associated with this gang, regardless of their actual involvement.
Chief Judge James E. Boasberg granted a temporary restraining order to prevent the deportation of the five Venezuelans already in immigration custody for 14 days. This was done to maintain the current situation while a hearing was scheduled later in the day to consider extending the protection to all Venezuelans in the United States.
The Trump administration promptly appealed the initial restraining order, asserting that blocking a presidential action before it was formally announced would severely hinder the executive branch’s authority. The Department of Justice argued that allowing such court interventions could impede urgent national security actions, setting a risky precedent.
The rapid legal developments underscored the contentious nature of the Alien Enemies Act, which grants significant deportation powers to the president for individuals residing in the country illegally. This could potentially bypass certain protections offered by regular criminal and immigration laws. However, the Act’s historical wartime context and the requirement of a formal declaration of war before its use present immediate legal challenges, as seen in the recent flurry of litigation.
