A federal judge has temporarily blocked the Trump administration from using an 18th-century law to deport Venezuelan immigrants. This decision came just hours after President Donald Trump invoked the Alien Enemies Act of 1798 to speed up deportations of alleged gang members.
The law, which has been used only three times in U.S. history—during the War of 1812, World War I, and World War II—gives the president broad powers to detain and deport non-citizens during wartime. Trump claimed that the Venezuelan gang Tren de Aragua was invading the U.S., thus justifying its use.
U.S. District Judge James E. Boasberg issued the order because the government had already begun flying migrants to El Salvador and Honduras. He stated that a brief delay in their removal would not harm the government and ordered any planes in the air to return.
The ACLU and Democracy Forward filed a lawsuit arguing that Trump’s use of the law was unlawful. They contend that it cannot be applied to a criminal gang rather than a recognized state. The judge agreed that the ACLU had a reasonable chance of success and halted deportations for 14 days.
Attorney General Pam Bondi criticized the ruling, saying it disregards presidential authority and puts the public at risk. The Trump administration appealed the decision, arguing that it would limit the president’s power to act on national security issues.
The Tren de Aragua gang originated in a Venezuelan prison and has been linked to an exodus of Venezuelans fleeing economic hardship. Trump has designated it a “foreign terrorist organization,” using it as a symbol of the threat posed by undocumented immigrants.
The case highlights ongoing legal battles over Trump’s immigration policies and the expansion of presidential power. The judge scheduled further hearings to consider whether to broaden the order to protect all Venezuelans who could be targeted under Trump’s declaration.
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