Its application in this case is unprecedented and unconstitutional since the U.S. is not at war nor facing an invasion by a foreign government

New York, N.Y. –– On Saturday, U.S. District Judge James Boasberg temporarily halted President Donald Trump’s efforts to use the Alien Enemies Act of 1798 to deport Venezuelan migrants accused of being affiliated with the Tren de Aragua gang. The administration invoked the centuries-old wartime statute earlier in the day, claiming the gang posed a national security threat akin to an invasion. This marked the first use of the law since World War II.

The Alien Enemies Act grants presidents sweeping powers during wartime or foreign invasions to detain and deport noncitizens deemed threats to national security. However, legal experts and immigrant rights groups argue its application in this case is unprecedented and unconstitutional since the U.S. is not at war nor facing an invasion by a foreign government.

The lawsuit was filed by five Venezuelan men held in immigration detention facilities in Texas and New York. Represented by attorneys from the ACLU and Democracy Forward, the plaintiffs challenged Trump’s proclamation as unlawful and lacking justification under the act’s criteria. Judge Boasberg agreed with their arguments, issuing a temporary restraining order that blocks deportations for 14 days.

During a hastily convened hearing on Saturday evening, Judge Boasberg broadened his ruling to cover all noncitizens in U.S. custody subject to Trump’s proclamation. He ordered planes already carrying deportees to Central America to return to the United States immediately. “Particularly given the plaintiffs’ information, unrebutted by the government, that flights are actively departing and planning to depart, I do not believe that I’m able to wait any longer,” Boasberg stated.

President Trump’s proclamation identified Tren de Aragua as a transnational criminal organization engaging in activities such as extortion, kidnapping, and contract killings. He argued that their actions constituted “irregular warfare” against the United States and justified invoking wartime powers for expedited deportations. Critics contend this interpretation stretches the law’s intent beyond its historical use during conflicts like World War II.

Deputy Assistant Attorney General Drew Ensign defended the administration’s approach during court proceedings, citing past Supreme Court rulings that upheld presidential authority under the Alien Enemies Act. However, Judge Boasberg questioned whether labeling a criminal gang as equivalent to a foreign government met the statute’s requirements.

Legal analysts predict this case will escalate quickly to higher courts, potentially reaching the Supreme Court due to its implications for executive power and immigration policy. The Justice Department has already filed an appeal against Boasberg’s ruling.

Advocates for immigrant rights celebrated Saturday’s decision as a victory for due process protections under U.S. law. Lee Gelernt of the ACLU criticized Trump’s proclamation as “unlawful,” stating it represents an overreach of wartime authority during peacetime.

The temporary restraining order expires in 14 days, with further hearings scheduled next week to determine whether Trump’s use of the Alien Enemies Act can proceed legally. This high-stakes legal battle underscores ongoing tensions between immigration enforcement and constitutional safeguards in modern America.

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Tags: Judge James Boasberg, Alien Enemies Act, Venezuelan migrants, Tren de Aragua gang, Trump administration, ACLU, Democracy Forward