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A federal judge has issued a temporary restraining order preventing the Trump administration from deporting noncitizens under President Donald Trump’s recent proclamation invoking the Alien Enemies Act (AEA).
BREAKING: A federal judge has just blocked Trump from invoking the Alien Enemies Act of 1798 to deport Venezuelan nationals with no process.
Advertisement · Scroll to continueI’m sure Trump will now viciously attack the judge because he can’t be a dictator. pic.twitter.com/XBDv1mQJsF
— Ed Krassenstein (@EdKrassen) March 15, 2025
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Judge Issues Immediate Halt on Deportations
Within two hours of Trump’s announcement to use the 18th-century law to deport suspected members of the Venezuelan gang Tren de Aragua, U.S. District Judge James Boasberg intervened. The order prohibits the administration from proceeding with deportations for at least 14 days.
Boasberg directed federal authorities to halt any deportation flights already in progress and ensure their return to the U.S. if they carried individuals affected by the order.
The Department of Justice (DOJ) initially declined to disclose whether deportations were ongoing, citing national security concerns. However, during the hearing, DOJ lawyers admitted that two flights—one to El Salvador and another to Honduras—had already departed.
The American Civil Liberties Union (ACLU) claimed that the Trump administration was actively deporting hundreds of Venezuelan migrants to prisons in El Salvador. ACLU attorney Lee Gelernt emphasized the severe consequences of these deportations, arguing that many individuals faced persecution or imprisonment upon return.
Judge Boasberg expressed concerns that Venezuelan migrants were not only being deported but also sent to prisons rather than their home country. He stated that the administration’s actions could lead to significant harm for those affected.
Trump Administration Cites Presidential Authority
The Trump administration defended its actions, arguing that the president’s Article II powers grant authority to remove individuals posing a “significant threat” to national security. DOJ lawyers contended that blocking the deportations undermines Trump’s executive authority.
The ACLU, representing five plaintiffs, argued that the AEA was being misused, as it applies only during wartime or in cases of invasion by a foreign government. The organization pointed out that Tren de Aragua is a gang, not a nation, and that deporting individuals under this law is legally questionable.
“The Trump administration’s attempt to use wartime authority for immigration enforcement is both unprecedented and unlawful,” said Gelernt.
The DOJ has requested an administrative stay from the U.S. Court of Appeals for the District of Columbia Circuit, arguing that Boasberg’s ruling sets a precedent for judicial intervention in immigration enforcement nationwide.
What Is Alien Enemies Act?
The Alien Enemies Act is a U.S. federal law that grants the President authority to detain, restrict, or deport noncitizens from a foreign nation with which the United States is at war or experiencing an invasion. It is part of the Alien and Sedition Acts of 1798 and remains in effect today.
Key Features of the Alien Enemies Act:
Applies During War or Invasion: The law can only be invoked if the U.S. is officially at war with or facing an invasion by a foreign nation.
Targets Noncitizens of Enemy Nations: It allows the U.S. government to arrest, detain, or deport individuals from the hostile nation who are not naturalized citizens.
Presidential Authority: The President has the power to enforce the act without prior approval from Congress or the courts.
Historical Use:
During World War I and II, the U.S. government used the law to detain German, Italian, and Japanese nationals.
It was also referenced in discussions about immigration enforcement and national security concerns in recent years.
Why Is It Controversial?
Critics argue that it can lead to unjust detentions and deportations based on nationality rather than individual actions. It has historical ties to discriminatory policies, such as the internment of Japanese immigrants during World War II.
Some legal experts believe its use in modern immigration cases is legally questionable if there is no formal war or invasion.
Historical Context of the Alien Enemies Act
Originally enacted in the late 1700s, the Alien Enemies Act has rarely been invoked in modern history. The last significant use occurred during World War II when it contributed to the internment of Japanese immigrants.
While Trump previously mentioned plans to invoke the act during his campaign, legal experts argue that its application in this case is inconsistent with its historical purpose.
With the temporary restraining order in place, the lawsuit will proceed through the courts. The outcome could shape future immigration enforcement and the limits of executive power regarding deportation policies.
