A federal judge has temporarily halted Donald Trump’s administration from carrying out deportations under the Alien Enemies Act of 1798, which the president used against Venezuelan gang members earlier Saturday.
On Saturday night, Chief Judge James Boasberg issued a temporary restraining order to prevent deportations under wartime law. This order prohibits the deportation of any non-citizens in custody who are facing removal under the Alien Enemies Act for at least 14 days.
The decision follows a lawsuit filed by the American Civil Liberties Union and Democracy Forward, which challenged Trump’s order hours before it was signed.
“I think there’s clearly irreparable harm here given these folks will be deported,” Boasberg told the media. “A brief delay in their removal does not cause the government any harm.”
“Particularly given the plaintiffs’ information, unrebutted by the government, that flights are actively departing and planning to depart, I do not believe that I’m able to wait any longer,” according to him. “Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States.”
The White House was preparing to relocate approximately 300 people identified by the administration as gang members to El Salvador, according to the Associated Press.
Earlier Saturday, Boasberg issued a preemptive block on the removal of the five Venezuelans named in the lawsuit who thought they were about to be deported. At that time, Trump had not yet signed the executive order.
On Saturday afternoon, Trump issued the executive order, utilizing the rarely used wartime authority against members of the Venezuelan gang Tren de Aragua. Trump’s order claims that the gang is invading the United States, and the administration now has new deportation powers under the Alien Enemies Act.
“I proclaim that all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as Alien Enemies,” according to an order issued by Trump.
Secretary of State Marco Rubio designated the gang as a foreign terrorist organization last month, following an executive order that authorized him to do so.
The Alien Enemies Act of 1798 is intended to be invoked when the country is at war or a foreign nation has invaded or threatened to invade the United States.
While the administration cites threats from gangs and cartels, legal experts say it will be difficult for the administration to apply the law when the country is not actively attacked by a foreign government.
Beatriz Lopez, co-executive director of the Immigration Hub, said in a statement, “Trump is unearthing one of America’s darkest laws to launch a deportation dragnet unlike anything in modern history.”
The Independent has contacted the White House for comment.
