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A federal judge issued a temporary restraining order on Saturday, blocking President Donald Trump’s attempt to invoke the Alien Enemies Act of 1798 to deport suspected members of the Venezuelan gang Tren de Aragua.
In a sweeping ruling, Chief Judge James E. Boasberg of the D.C. District Court extended the order beyond the five Venezuelan men originally named in a lawsuit, applying it to all non-citizens in U.S. custody subject to Trump’s March 16 proclamation.
Additionally, the judge ordered any deportation flights already in transit to return to the U.S.
Trump’s Controversial Use of Wartime Law
Trump invoked the Alien Enemies Act to justify his deportation order, claiming Tren de Aragua had “infiltrated”Venezuela’s government and was waging irregular warfare inside the U.S. through drug trafficking and violence.
“The result is a hybrid criminal state that is perpetrating an invasion and predatory incursion into the United States,” Trump’s proclamation read.
The 1798 law allows the president to detain and deport immigrants from a “hostile” nation during times of declared war or foreign invasion—a justification legal experts strongly dispute.
Critics argue that cross-border drug smuggling and criminal activity do not meet the legal definition of an “invasion” by a hostile nation.
Legal expert Ilya Somin from George Mason University’s Antonin Scalia Law School wrote that Trump’s interpretation of the act is “unlawful and unprecedented” since it was last invoked during World War II against individuals of Japanese, German, and Italian descent—an act the U.S. has since condemned.
Judge’s Order Forces Flights to Turn Around
During the Saturday hearing, Justice Department lawyers assured the court that the five Venezuelans named in the lawsuit had not yet been deported.
However, attorneys for civil rights groups told the judge that deportation flights carrying other Venezuelans had already departed from Texas toward Honduras and El Salvador.
In response, Judge Boasberg issued a stern warning:
“Any plane containing these folks that is going to take off, or is in the air, needs to be returned to the United States.”
A source familiar with deportation operations later confirmed that two flights carrying Venezuelan nationals had already taken off and would now be rerouted back under the judge’s order.
Boasberg set a March 21 hearing to further review the case.
Civil Rights Groups Declare Victory
The lawsuit was filed by the American Civil Liberties Union (ACLU) and Democracy Forward, which celebrated the ruling as a major victory against Trump’s immigration crackdown.
Skye Perryman, president of Democracy Forward, said:
“Today was a horrific day in the history of the nation, when the President sought to invoke extraordinary wartime powers in the absence of a war or invasion. But tonight, the rule of law prevailed.”
What Happens Next?
The Justice Department quickly appealed the ruling, signaling a potential Supreme Court battle over Trump’s historic use of the Alien Enemies Act.
In the meantime, all Venezuelans affected by the proclamation will remain in the U.S. until at least March 21, when the court will hear further arguments.
This is the first time in nearly a century that a president has invoked the Alien Enemies Act, and the first-ever attempt to use it outside of a military conflict—a move that is likely to face continued legal and congressional challenges.
