Trump's Deportation Halt: The Alien Enemies Act and Tren de Aragua Gang
Judge momentarily halts Trump's rapid removal of noncitizens under Alien Enemies Act.
In a surprising ruling, a federal judge has temporarily blocked the Trump administration's use of the Alien Enemies Act to swiftly deport suspected members of the Venezuelan gang, Tren de Aragua. This move came just hours after the administration invoked the 1798 law, which hands massive power to the president to target and remove immigrants without legal status.
Judge James Boasberg ordered planes carrying some of these suspects to return to the United States. His ruling was in response to a legal challenge by the American Civil Liberties Union (ACLU) and Democracy Forward who argued that there might not be enough time to intervene after Trump's order.
The judge's decision was based on the imminent threat posed by the ongoing deportations. Boasberg expressed his concern, stating, "Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States." The order will last for 14 days or until further notice from the court.
The Alien Enemies Act, enacted during the Alien and Sedition Acts of 1798, empowers the President to detain, apprehend, and deport non-citizens from hostile nations during declared war or invasion. Historically, it has been invoked only three times: during the War of 1812, World War I, and World War II. Notably, it played a part in the infamous US policy of Japanese internment during World War II.
In modern times, the act was invoked by President Donald Trump in 2025 to justify mass deportations, declaring that Tren de Aragua constituted an "invading force." This action was part of his broader immigration policies aimed at classifying certain criminal organizations as foreign threats.
The AEA's contemporary use, however, has attracted criticism. Critics argue that it bypasses due process and judicial oversight, potentially leading to wrongful detentions and deportations. The act's broad language and historical wartime context raise questions about its applicability in peacetime or for immigration enforcement.
The Department of Justice, though, has contested this decision, appealing it to the DC Circuit Court of Appeals, arguing that judicial interference could undermine executive authority in national security matters.
As this complex issue unfolds, the legal challenges and debates surrounding the Alien Enemies Act's use in modern contexts will undoubtedly continue.
- Judge James Boasberg's ruling halted the Trump administration's use of the Alien Enemies Act, a law from 1798 activated to swiftly deport suspected members of the Tren de Aragua gang.
- In its appeal against Boasberg's decision, the Department of Justice insisted that judicial interference could undermine executive authority in national security matters.
- The ACLU and Democracy Forward agreed with Boasberg's decision, arguing that there might not be enough time to intervene after President Trump invoked the Alien Enemies Act to justify mass deportations, labeling Tren de Aragua as an "invading force".
