A federal judge has halted the Trump administration's efforts to deport noncitizens under a recent presidential order invoking the Alien Enemies Act of 1798. Judge James Boasberg issued a temporary restraining order, blocking the deportation of noncitizens, including alleged members of the Venezuelan gang Tren de Aragua, just hours after President Trump attempted to use the historic law.
Judge Boasberg expressed urgency, stating, "Flights are actively departing and plan to depart. I do not believe that I am able to wait any longer." He instructed the administration to turn back two planes carrying noncitizens covered by his order, including one that may have taken off during a court recess. "Inform your clients immediately that any plane with these individuals needs to return to the United States," he directed.
The judge emphasized that deportations would cause irreparable harm, preventing the administration from deporting noncitizens under the AEA proclamation for at least 14 days. ICE will maintain custody of these individuals as the legal process continues. Boasberg noted the potential dangers faced by deportees, who could be sent to prison or back to Venezuela, where they risk persecution.
Before the judge's decision, a DOJ lawyer avoided confirming ongoing deportations, citing national security concerns. However, it was later revealed that flights to El Salvador and Honduras had already left. Boasberg also questioned the plan to send Venezuelans to a Salvadoran prison instead of their home country.
Following the ruling, Attorney General Pam Bondi criticized the decision, accusing the judge of prioritizing alleged gang members over American safety. The ACLU, representing five plaintiffs believed to be detained in Texas, argues that these individuals are wrongfully accused of gang affiliation, with some claims based solely on tattoos.
The Trump administration contends that the president's Article II powers allow for the unilateral deportation of individuals posing significant threats. DOJ lawyers argued that the restraining order undermines Trump's authority. Earlier, Boasberg had temporarily blocked the deportation of five noncitizens and considered extending the order to more individuals.
The ACLU claims the administration is deporting "hundreds" of Venezuelans to Salvadoran prisons. ACLU's Lee Gelernt stated, "Planes are currently taking Venezuelans to El Salvador, possibly ending up in prison there."
The DOJ has requested an administrative stay of Boasberg's order from the U.S. Court of Appeals for the District of Columbia Circuit, arguing that the judge overstepped his authority and acted without hearing the administration's response.
The Alien Enemies Act can only be invoked during war or invasion by a foreign nation, allowing the president to detain and remove non-naturalized citizens of that nation. The ACLU argues that the act is being misused, as Tren de Aragua is not a nation, and there is no invasion.
Lee Gelernt of the ACLU criticized the administration's use of wartime authority for immigration enforcement as unprecedented and extreme. The Department of Defense is not expected to be involved in this action, which could lead to deportations without hearings. Discussions within the administration about invoking the act have been ongoing, with Trump previously mentioning this plan during his campaign. The act was last used during World War II for the internment of Japanese Americans, although the broader internment was executed under separate executive orders.