A US federal judge has temporarily blocked President Donald Trump’s attempt to use an old wartime law to quickly deport alleged members of a Venezuelan gang. The decision came just hours after Trump invoked the Alien Enemies Act of 1798, claiming the gang Tren de Aragua was part of an "invasion" of the United States. Judge James Boasberg, of the US District Court for the District of Columbia, issued the 14-day restraining order on Saturday evening. He said the government had already begun flying deportees to El Salvador and Honduras, and urgent action was needed to stop this process. "I do not believe I can wait any longer and am required to act," Boasberg stated, according to AP. He added that a short delay in deportations "does not cause the government any harm" since the individuals remain in custody. Trump's justification and legal battle Trump’s move was based on claims that Tren de Aragua is a foreign threat backed by Venezuela’s government, and that its members are engaged in kidnapping, extortion, organised crime, and contract killings. In a statement cited by AP, Trump said: "Venezuelan national and local authorities have ceded ever-greater control over their territories to transnational criminal organisations, including TdA. The result is a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States, and which poses a substantial danger to the United States." The Alien Enemies Act, which has rarely been used in American history, was last applied during World War II when it was used to justify the internment of Japanese, German, and Italian Americans. According to Reuters, Judge Boasberg questioned whether the law applied in this case, stating: "The terms invasion, predatory incursion really relate to hostile acts perpetrated by any nation and commensurate to war." Civil rights groups, including the American Civil Liberties Union (ACLU) and Democracy Forward, quickly filed lawsuits before Trump's proclamation was even made public. They argued that the act has only been used in wartime and should not apply to migrants from a country the US is not at war with. The court's ruling initially halted the deportation of five Venezuelans, but a broader hearing was scheduled to determine whether the ban should cover all Venezuelans in the US. Trump administration appeals ruling The Trump administration immediately appealed the restraining order, warning it could set a dangerous precedent. In its appeal, the Justice Department argued that blocking a presidential order before it was fully enforced would weaken national security actions. "If the order were allowed to stand," the department wrote, "district courts would have licence to enjoin virtually any urgent national-security action just upon receipt of a complaint." They warned that this could even impact drone strikes, intelligence operations, or counter-terrorism efforts. The White House has not yet commented on the lawsuit, according to Reuters. Concerns over mass deportations Trump and his allies have repeatedly cited Tren de Aragua as proof of the dangers posed by undocumented migrants. His administration formally designated the gang a “foreign terrorist organisation” last month, alongside Mexico’s Sinaloa Cartel and other groups. Under Trump’s proclamation, all Venezuelan citizens aged 14 or older who are identified as gang members but are not naturalised or legal US residents could be arrested, detained, and deported under the Alien Enemies Act. Trump had previously vowed to use this law during his presidential campaign, promising to deport millions of undocumented migrants if he returned to office. However, according to Reuters, deportations under Trump have so far been lower than those under his predecessor, Joe Biden. Immigration advocates and Democratic officials have strongly condemned the move. New York Attorney General Letitia James called the decision “bigoted, dangerous, and profoundly unjust.” A Venezuelan immigration lawyer, William Vasquez, pointed out on social media: "This is the first time the act has been applied against migrants from a country with which the US is not at war." The White House is reportedly planning to detain and transfer about 300 alleged gang members to El Salvador, but it remains unclear if the court’s order will prevent these plans. What happens next? The ACLU and Democracy Forward have asked the judge to extend protections to all Venezuelans at risk of deportation under the act. Meanwhile, Judge Boasberg has scheduled another hearing to decide whether to expand the ruling. As the legal battle continues, Trump’s administration is reassigning federal agents to immigration enforcement and sending more troops to the US-Mexico border. However, critics warn that reviving such a controversial wartime law could lead to major human rights concerns. (with inputs form agencies)
