A federal judge has temporarily halted President Donald Trump’s attempt to invoke the Alien Enemies Act of 1798 to expedite deportations of alleged members of the Venezuelan gang Tren de Aragua. The ruling challenges the administration’s use of a rarely applied wartime law to justify rapid removals without due process.
The decision comes after Trump declared the gang’s activities constituted an “invasion” and a threat to national security. However, Judge James Boasberg ruled that the law applies only in cases of armed conflict between nations, casting doubt on the legal basis of the president’s order. The White House has since filed an appeal.
Historic Law Invoked for Deportations Amid Legal Scrutiny
Trump’s decision to invoke the Alien Enemies Act, a law first enacted in 1798, marks a rare attempt to use wartime powers in an immigration context. The statute, historically applied during World War II to justify internment, grants the president authority to detain and deport nationals of enemy nations during times of war.
The White House issued the proclamation targeting Tren de Aragua, a transnational criminal organisation accused of involvement in kidnapping, extortion, and organised crime. According to the administration, gang members are “conducting irregular warfare and undertaking hostile actions against the United States.”
The order applied to Venezuelan nationals aged 14 and older found to be affiliated with the group and present in the US without lawful status.
However, legal experts have raised concerns about the justification for applying the Alien Enemies Act outside of a wartime setting. Immigration lawyer William Vasquez stated on social media that “this is the first time the act has been applied against migrants from a country with which the US is not at war.”
Similarly, the American Civil Liberties Union (ACLU) argued in court that the law was not intended for cases of criminal activity but rather for threats linked to armed conflicts between sovereign nations.
Court Ruling Halts Removals, White House Appeals Decision
Within hours of Trump’s proclamation, Judge James Boasberg issued a 14-day temporary restraining order, preventing deportations under the directive.
The judge ruled that the Alien Enemies Act does not provide a legal basis for the order, as the terms “invasion” and “predatory incursion” refer specifically to hostile acts by a nation-state rather than a criminal organisation.
The lawsuit leading to the ruling was brought by non-profit legal groups, including the ACLU, on behalf of five Venezuelans allegedly misidentified as members of Tren de Aragua. According to court documents, the individuals were seeking asylum and argued that applying the 1798 law in this case was “illegal and unconstitutional.”
New York Attorney General Letitia James condemned the order, stating: “Invoking the Alien Enemies Act, an extraordinary wartime power with a shameful history, to arbitrarily detain and deport immigrants is bigoted, dangerous, and profoundly unjust.”
Despite the ruling, the Biden administration has signalled its intent to appeal the decision, maintaining that the gang’s activities pose a national security threat. The White House has not yet commented on the legal challenge but has reaffirmed its commitment to strengthening border security measures.
