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A federal judge ruled on Monday that Venezuelan migrants facing deportation under an 18th-century law invoked by the Trump administration must be allowed to challenge their removal in court, Reuters reported. The decision blocks an effort by the government to expedite deportations without judicial oversight.
Earlier this month, President Donald Trump cited the 1798 Alien Enemies Act to justify the deportation of individuals alleged to be members of the Venezuelan gang Tren de Aragua, even in cases where immigration judges had not issued final removal orders.
US District Judge James Boasberg rejected the administration’s request to lift a temporary ban on these deportations, reinforcing that affected migrants must be given the opportunity to contest the government’s claims regarding their gang affiliation. His ruling keeps in place a two-week ban he previously imposed on March 15, which prevents deportations under the Alien Enemies Act while legal challenges proceed.
The decision has sparked political controversy, with President Trump calling for Boasberg’s impeachment in response to the ruling. However, US Chief Justice John Roberts issued a rare statement, emphasising that legal disagreements should be resolved through appeals rather than impeachment.
Judge Boasberg is also reviewing whether the Trump administration violated his order by failing to return deportation flights that had already landed in El Salvador after the court’s ruling was issued. Additionally, a federal appeals court is scheduled to hear arguments from government lawyers on Monday afternoon as they seek to overturn Boasberg’s decision.
Experts have argued that applying the Alien Enemies Act—a rarely used law that grants the president broad authority to deport non-citizens from hostile nations—in this context raises constitutional and due process concerns.
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