In a recent development from Washington, a federal judge has blocked the Trump administration from enacting deportations under an antiquated 18th-century law. This decision comes following President Trump’s attempt, earlier that day, to expedite the deportation of Venezuelan gang members from the United States.
Judge James E. Boasberg, presiding over the U.S. District Court, issued this order as a matter of urgency, with evidence suggesting that the government was already set to send specific migrants to facilities in Central America. El Salvador had already agreed to receive up to 300 alleged gang members as per the Trump administration’s directions.
During a court session called upon by a lawsuit filed by the ACLU and Democracy Forward, Boasberg explained the need for his swift action. He emphasized that allowing these deportations to proceed would cause undue harm to the individuals affected, while a temporary delay caused no substantial damage to the government’s interests, given that the individuals remain detained.
This judicial intervention came mere hours after President Trump claimed that the Venezuelan gang known as Tren de Aragua was invading U.S. territory. To counter this, Trump invoked the Alien Enemies Act of 1798—an act traditionally reserved for wartime measures, notably used during World War II.
The President alleged in a proclamation that Tren de Aragua posed a formidable threat akin to a war, exploiting unstable Venezuelan governance to facilitate its operations. This measure aimed to strip targeted individuals of their usual legal protections and expedite their removal.
However, Judge Boasberg’s order paused these deportations, prompting critique from figures such as Attorney General Pam Bondi, who expressed concerns that this decision undermines the President’s established authority and jeopardizes public safety.
Tren de Aragua, a gang originating from a Venezuelan prison, gained more international attention as millions fled Venezuela amid economic collapse. President Trump, having classified the group as a “foreign terrorist organization,” portrayed them as a significant immigration threat.
Though Venezuela’s government claims to have dismantled the gang, numerous arrests of its members have been reported across various nations. Trump’s administration, responding with urgency, had only just formalized the relevant proclamation. However, immigration attorneys acted quickly, filing lawsuits to contest anticipated deportations.
Initially, on Saturday morning, Boasberg prevented the deportation of five Venezuelans directly named in the aforementioned lawsuit. In response, the Trump administration contested this move, arguing it hindered presidential initiatives intended for urgent national-security circumstances.
In the afternoon, Boasberg convened another hearing to consider extending this prohibition to all individuals targeted under Trump’s new policy. Deputy Assistant Attorney General Drew Ensign asserted that presidents possess considerable discretion to define and address national threats under the 1798 law.
Yet, ACLU representative Lee Gelernt argued that Trump overstepped legal bounds by applying the act against a non-state entity. Boasberg indicated that such precedents were ambiguous but suggested the ACLU’s case held considerable merit, warranting further legal examination.
Consequently, Boasberg’s halt in deportations will last up to 14 days, providing a window to better assess the legal intricacies involved. A follow-up hearing is scheduled for the coming Friday to further deliberate over the case.
This series of rapid legal exchanges underscores the broader implications of Trump’s actions, highlighting the administration’s efforts to broaden presidential power. Ensign defended this as a Congressional response to the 9/11 attacks, while Gelernt warned it could set a precedent for future actions against other groups, such as the notorious MS-13.
