A federal judge has ruled against the Trump administration’s efforts to deport alleged Venezuelan gang members under the Alien Enemies Act, citing concerns that those deported to El Salvador face torture, beatings, and even death.
In a decision issued Monday, U.S. District Judge James Boasberg rejected the administration’s request to lift a temporary block on the mass deportations. Boasberg emphasized that the government must provide those accused of gang affiliation with individualized hearings before their removal, ensuring they can challenge their designation.
Trump’s Controversial Use of Wartime Law
Last week, Trump invoked the Alien Enemies Act, an 18th-century wartime law, to deport more than 200 Venezuelans accused of being members of the Tren de Aragua gang. The administration labeled the gang a “hybrid criminal state” posing a national security threat. However, Boasberg described the removals as “awfully frightening” and “incredibly troublesome,” questioning whether the act was properly applied.
Further complicating matters, an ICE official admitted in a sworn statement that many of the deported men had no criminal records in the United States. Despite this, they were sent to El Salvador’s high-security Terrorism Confinement Center, where reports indicate harsh treatment of detainees.
Legal Battle Over Deportations
The Trump administration argues that the judiciary has no authority to review the use of the Alien Enemies Act, claiming it falls under presidential war powers. However, attorneys representing the deported men insist Trump is overstepping legal boundaries by targeting a criminal gang rather than a foreign government—a departure from the law’s historical applications, which were previously limited to wartime enemies.
The case is now headed to the D.C. Circuit Court of Appeals, which will determine whether Trump’s use of the law can continue. If the ruling is overturned, the administration could resume deportations of suspected gang members without due process.
Meanwhile, Judge Boasberg is also investigating whether the administration intentionally defied his order by continuing deportations despite the legal block. “The government’s not being terribly cooperative at this point, but I will get to the bottom of it,” he stated Friday.
What’s Next?
With the deportations temporarily halted, the Trump administration is now exploring alternative legal avenues to remove noncitizens from the U.S.. Over the weekend, Venezuela’s National Assembly President Jorge Rodriguez announced a deal to resume repatriation flights of Venezuelan migrants, suggesting a new approach to deportations could soon take effect.
As the legal fight escalates, the fate of hundreds of Venezuelans remains uncertain, and the Supreme Court could ultimately decide whether the president’s use of the Alien Enemies Act will stand.
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