A U.S. federal judge has temporarily blocked the Trump administration from using a wartime law to deport migrants linked to the Venezuelan gang, Tren de Aragua. U.S. District Judge James Boasberg issued a ruling that also requires planes carrying these migrants to return to the United States.
Earlier on Saturday, the Trump administration had invoked the Alien Enemies Act of 1798, a law that allows the deportation of undocumented immigrants during wartime or in the face of foreign threats.
Boasberg initially blocked the removal of five individuals challenging the deportation. Later, he extended the order to include all noncitizens in U.S. custody who could be affected. He stated, “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.” He continued, “Any plane containing these individuals that is set to depart or is already airborne needs to return to the U.S.”
This temporary restraining order will remain in effect for 14 days or until further court action is taken. Boasberg emphasized that delaying the removal of the migrants would not harm the government but would prevent significant, irreparable damage to the individuals involved.
The Justice Department has already appealed the ruling.
In response to these actions, a White House proclamation labeled Tren de Aragua as a terrorist organization, accusing its members of unlawfully entering the U.S. and engaging in hostile activities. The Alien Enemies Act has been used only three times in U.S. history, notably during World War II, when it contributed to the internment of Japanese Americans.
The ACLU has argued that the gang’s activities do not meet the legal threshold for an invasion, challenging the use of the wartime law in this case.
