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In a controversial move, President Donald Trump has invoked the Alien Enemies Act of 1798 to deport five Venezuelan nationals, despite a federal judge temporarily blocking the administration’s use of the law just hours earlier. The historic wartime act, which allows the president to deport foreign nationals from enemy countries, has not been used since World War II.
The White House issued a presidential proclamation on Saturday, citing Venezuela’s Tren de Aragua (TdA) gang as a Foreign Terrorist Organization. The statement claimed that “thousands of TdA members have unlawfully infiltrated the United States and are conducting irregular warfare and hostile actions.”
Judge Blocks Trump’s Use of 1798 Law
Earlier the same day, U.S District Judge James Boasberg of the federal district court in Washington, D.C., issued a temporary restraining order preventing the deportations for 14 days. The ruling came in response to a lawsuit filed by the American Civil Liberties Union (ACLU) and Democracy Forward, which argued that the 1798 law is strictly meant for wartime and cannot be used against individuals from a country with which the U.S. is not at war.
In his ruling, Boasberg emphasized that the case presents “exigent circumstances” requiring immediate judicial intervention. A hearing is scheduled for today at 5 PM, where civil liberties organizations will seek to extend the restraining order to all individuals potentially subject to deportation under the act.
Legal and Political Backlash
The Alien Enemies Act has been invoked only three times in U.S. history during the War of 1812, World War I, and World War II. Critics argue that Trump’s attempt to use it in peacetime to accelerate deportations is an unprecedented expansion of executive power.
“The law was designed for wartime scenarios, not immigration enforcement,” said Juliana Macedo do Nascimento, deputy director of federal advocacy for United We Dream. “It’s horrifying that immigrants are being labeled as invaders and terrorists.”
Under the act, those deemed “alien enemies” can be deported without due process, including asylum interviews or court hearings. The law also allows the president to detain and relocate immigrants based solely on their nationality, a provision that led to the internment of Japanese Americans during World War II.
Trump’s Immigration Crackdown and Future Challenges
Trump has long framed migration as an “invasion,” a stance that formed a key part of his 2025 presidential campaign. In his Executive Order on inauguration day, he directed federal agencies to expedite removals under the Alien Enemies Act.
Legal experts anticipate further challenges to Trump’s invocation of the 227-year-old law. While the Brennan Center for Justice notes that a president can use it to counter an “ongoing invasion or predatory incursion,” Congress alone holds the power to declare war.
The outcome of today’s hearing could determine whether the administration will face broader legal roadblocks in using the law to implement mass deportations. Civil rights groups warn that if upheld, the precedent could pave the way for sweeping executive actions on immigration.
With Trump’s controversial move sparking a fierce legal and political battle, the debate over immigration enforcement and executive authority is set to escalate. The coming days will be critical in shaping how U.S. courts interpret the application of wartime laws in modern immigration policy.
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