A federal judge in Washington has temporarily halted President Donald Trump’s planned use of the Alien Enemies Act against five Venezuelan detainees in U.S. jails. The Venezuelans fear that the 1798 law could result in their immediate deportation without a fair hearing. The law permits the quick deportation of individuals from designated enemy countries who are not naturalized citizens. This law has been rarely invoked, typically during times of war, to expedite the removal of citizens from enemy nations. However, Trump is reportedly considering using it soon.
Chief U.S. District Judge James Boasberg issued a temporary restraining order over the weekend, preventing the government from deporting the men for at least 14 days while the legal case unfolds. Boasberg has arranged a hearing to determine if the lawsuit should be expanded to include more individuals beyond the initial five. Another hearing is scheduled for Monday.
Skye Perryman, the CEO of Democracy Forward, which is representing the Venezuelans, praised the judge’s decision as a safeguard for democracy. The American Civil Liberties Union is also involved in representing the detainees. Trump has previously likened Mexican drug cartels and Venezuelan criminal groups to enemies, mentioning them in the context of defending against an “invasion.”
The five Venezuelans, referred to by initials in the lawsuit, express concerns about being labeled as part of an invasion by a foreign government due to their association with the Tren de Aragua gang, which Trump has declared a terrorist organization. The detainees are worried about deportation, particularly as they are already in custody for immigration matters and are suspected members of the gang, a claim they deny.
One of the detainees, held in a Texas jail, fears for his safety if deported back to Venezuela, where he could face harm from authorities. He has a pending asylum application. The Alien Enemies Act was enacted by Congress in anticipation of potential conflicts with the United Kingdom and has been utilized three times in history.
The law allows the president to use it during a declared war or in response to an invasion or threat against the U.S. to apprehend and remove foreign citizens as alien enemies. Trump has mentioned the Alien Enemies Act in relation to his efforts to combat illegal immigration and criminal organizations.
On March 4, 2025, at the Capitol in Washington, D.C., the Supreme Court upheld the extension of the Alien Enemies Act beyond the end of the war. Despite its usual invocation during wartime, former Presidents Woodrow Wilson and Harry Truman both continued to enforce the law even after hostilities ceased, as noted by Ebright. Wilson utilized the act to detain German and Austro-Hungarian immigrants for two years following the conclusion of World War I in 1918, while Truman employed it for detentions and deportations for six years post-World War II in 1945.
In a 1948 ruling, the Supreme Court supported Truman’s extension, arguing that the conclusion of wartime powers is a matter of political judgment. Justice Felix Frankfurter, in a 5-4 decision, emphasized that it is not the role of the judiciary to question the President’s belief that enemy aliens, previously deemed suitable for internment during active hostilities, could still pose a threat during the unsettled period following a war. Frankfurter emphasized that such decisions are within the realm of political judgment, an area where judges lack both technical expertise and official duties.
This information was originally published on USA TODAY: “Judge blocks Trump from using 1798 law to deport 5 Venezuelans.”
