A federal judge in Washington D.C. has temporarily blocked the Trump administration from deporting Venezuelan immigrants under the rarely invoked 1798 Alien Enemies Act, hours after the White House issued an executive order. The move came after Trump announced plans to deport Venezuelan citizens linked to the Tren de Aragua gang, a criminal group involved in sex trafficking, drug dealing, and human smuggling.
Judge James E. Boasberg issued a temporary order on Saturday, halting deportations under the Alien Enemies Act, which has been used only three times in U.S. history—during the War of 1812, World War I, and World War II. The law allows for summary deportations of individuals from countries at war with the United States.
The ruling followed a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of five Venezuelan men accused of having links to Tren de Aragua. One man was arrested and labeled a gang member based on his tattoos. ACLU lawyer Lee Gelernt argued that the Alien Enemies Act only applies to warring nations.
In his ruling, Boasberg stated that he did not believe the law provided a legal basis for the president’s actions. In his ruling, the judge agreed with the ACLU’s argument, stating that terms in the Alien Enemies Act such as “invasion” and “predatory incursion” pertain to hostile acts by enemy nations. The ACLU has requested the judge expand the order to protect all immigrants at risk of deportation under the law.
Following the judge’s order, two flights carrying Venezuelan immigrants under the executive order were in the air. Boasberg ordered those flights to return to the U.S. “However that’s accomplished,” he ruled, “whether turning around the plane or not.”
The Trump administration quickly filed an appeal, with constitutional experts noting the case could ultimately reach the Supreme Court. Harvard law professor Noah Feldman said the outcome will depend on how much deference the courts give to the president’s determination of a “threatened incursion.”
If upheld, Trump’s interpretation of the law could allow the deportation of individuals aged 14 and older without due process, a move that could dramatically alter how immigration cases are handled in the U.S.
