A federal judge has halted President Trump's recent initiative to use a historical law to expedite the deportation of certain individuals. Trump had invoked the Alien Enemies Act of 1798, a rarely used statute that allows the president to detain or deport nationals from enemy nations during wartime. This marks only the fourth time in U.S. history that a president has utilized this law, with the last instance occurring during World War II.
The action specifically targeted members of Tren de Aragua, a Venezuelan gang, authorizing the swift removal of Venezuelan citizens aged 14 and older who are linked to the group and are not U.S. citizens or permanent residents. The presidential directive stated that these individuals could be detained and deported as "Alien Enemies."
However, U.S. District Judge James Boasberg issued an order shortly after Trump's announcement, preventing the administration from proceeding with the deportations and instructing that any planes already in transit be turned back. Earlier, Boasberg had temporarily blocked the deportation of five Venezuelan men for 14 days in response to a lawsuit filed by the American Civil Liberties Union and Democracy Forward. A further hearing is scheduled for Friday.
In January, an executive order had labeled Tren de Aragua as a foreign terrorist organization, facilitating the use of the Alien Enemies Act to remove its members from the U.S. This designation, along with MS-13, was based on the perceived threat they pose to national security and the economy.
The expedited deportation process under the act bypasses the usual immigration court procedures, raising concerns among advocates that it could lead to broader targeting of individuals regardless of their legal status or criminal history. Katherine Yon Ebright from the Brennan Center for Justice noted that the law does not specify limitations to undocumented or criminal individuals, emphasizing its wartime rather than immigration focus.
The inclusion of minors in Trump's directive adds another layer of complexity to potential legal challenges. Trump had signaled this move since his 2023 campaign, where he frequently promised to dismantle migrant criminal networks using the Alien Enemies Act. The Republican National Convention last July also supported using the act to remove gang members and drug dealers from the U.S.
Trump has argued that the act provides significant authority for immigration enforcement, allowing deportations without the traditional court process. Morgan Bailey, a former deputy chief of staff at U.S. Citizenship and Immigration Services, explained that the act streamlines the deportation process, eliminating the need for court appearances.
The Alien Enemies Act, the last remaining of the four Alien and Sedition Acts, allows the president to act against non-citizens from enemy nations during wartime. The act was last used during WWII to intern individuals of Japanese, Italian, and German descent. The law requires a formal declaration of war, which only Congress can authorize.
George Fishman, a senior legal fellow at the Center of Immigration Studies, supports the act but acknowledges the legal challenges in framing illegal immigration as an invasion and gangs as foreign nations. He noted that federal courts have not previously accepted this definition of invasion under the Constitution.
Immigrant rights groups, including the ACLU, are actively opposing the effort and urging local governments to limit cooperation with immigration enforcement. Legal experts suggest that historical attempts to apply wartime powers to peacetime immigration enforcement have not succeeded in court. Ebright mentioned that challenges from nonprofits and states could lead to the courts overturning the use of the Alien Enemies Act, though the outcome remains uncertain.