A judge has stopped Donald Trump from using an old wartime law to deport five Venezuelans. Trump had tried to apply the Alien Enemies Act of 1798, a law from the 18th century, to remove these individuals from the United States. The White House had issued a statement targeting members of the Venezuelan gang Tren de Aragua, labeling it a Foreign Terrorist Organization and accusing its members of illegal activities in the U.S.
Civil rights groups criticized Trump for using this law during peacetime to bypass standard immigration procedures. A federal judge in Washington, D.C., James Boasberg, issued a temporary restraining order preventing the deportations for two weeks. This decision was in response to a lawsuit from the American Civil Liberties Union and Democracy Forward, who argued that the law has only been used during major wars like the War of 1812 and the World Wars.
The lawsuit claimed that the act should not apply to Venezuelans since the U.S. is not at war with Venezuela. The plaintiffs argued that the government's actions would allow for immediate deportations without proper review. During a hearing, the ACLU and Democracy Forward requested that the restraining order be extended to all individuals at risk under the act.
Trump had previously designated the Tren de Aragua gang as a terrorist organization, describing them as a foreign threat. Civil rights groups expressed concern that Trump was misusing the 1798 law to expedite deportations, avoiding the usual legal processes.
The Alien Enemies Act is meant for wartime use, allowing the president to act against threats or invasions. However, critics argue that migration does not constitute an invasion. The law allows for deportations without hearings, affecting individuals based on their nationality.
Historically, the act was used during World War II to detain people of Japanese, German, and Italian descent. Trump has long described the southern border situation as an "invasion" and hinted at using the act in his inaugural address, promising to remove foreign gangs and criminal networks.
While some politicians have pushed for using the act against illegal border crossings, critics like Juliana Macedo do Nascimento from United We Dream argue that existing laws already provide the government with broad powers to detain and deport immigrants. She believes invoking the Alien Enemies Act is unnecessary and serves to unfairly label immigrants as threats.