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A federal judge has temporarily blocked the Trump administration from deporting noncitizens under the Alien Enemies Act (AEA), halting ongoing flights and ordering their return.
Judge Boasberg Issues Restraining Order
U.S. District Judge James Boasberg issued a temporary restraining order (TRO) on Saturday, preventing the deportation of noncitizens under President Donald Trump’s recent proclamation invoking the 18th-century law. The proclamation aimed to remove alleged members of the Venezuelan gang Tren de Aragua.
The decision came less than two hours after the proclamation was made. Boasberg cited “irreparable harm” as a key reason for his ruling, noting that deported individuals could face persecution or imprisonment upon their return.
Flights Ordered to Turn Around
Boasberg took swift action to stop deportation efforts already in progress.
“Flights are actively departing and plan to depart. I do not believe that I am able to wait any longer,” the judge told ABC News, ordering that any aircraft transporting affected individuals be turned around.
In response to the ruling, government attorneys acknowledged that two flights had already departed for El Salvador and Honduras. The Department of Justice (DOJ) had initially declined to confirm whether deportations were underway, citing national security concerns.
Legal Battle Over Trump’s Executive Authority
The administration argued that Trump’s Article II powers grant him the authority to deport individuals who pose a “significant threat” to national security. The DOJ contended that Boasberg’s order interfered with the president’s ability to manage immigration enforcement, calling for an administrative stay of the TRO from the U.S. Court of Appeals for the District of Columbia Circuit.
Meanwhile, the American Civil Liberties Union (ACLU), representing five plaintiffs allegedly detained in Texas for deportation under the AEA, challenged the government’s actions. The ACLU asserted that its clients were wrongfully accused of gang affiliation, in some cases based solely on tattoos, and were actually seeking asylum from Tren de Aragua.
Concerns Over Deportation Destinations
Judge Boasberg raised concerns that deported individuals would not be returned to Venezuela but instead sent to prisons in El Salvador.
“Not only are they going to be deported, but it’s not going to be to friendly countryside but to prison,” Boasberg told ABC News.
Reports from the ACLU suggest that “hundreds” of Venezuelan migrants have already been sent to detention facilities in El Salvador.
Attorney General Pam Bondi Criticizes Ruling
Attorney General Pam Bondi condemned the judge’s decision, claiming it prioritized “Tren de Aragua terrorists over the safety of Americans.” She argued that the ACLU’s involvement undermined national security and disregarded established executive authority.
Historical Context: The Alien Enemies Act
The Alien Enemies Act, passed in 1798, allows the president to deport noncitizens from a hostile nation during wartime or an invasion. It was last used during World War II, when Japanese immigrants who had not become U.S. citizens were detained. However, the internment of Japanese-Americans was carried out under separate executive orders.
The ACLU argues that the law is inapplicable in this case, as Tren de Aragua is a gang, not a nation, and there is no formal war or invasion.
Next Steps in the Legal Battle
The Trump administration is expected to continue its legal challenge, seeking to overturn Boasberg’s ruling. In the meantime, ICE is required to keep affected noncitizens in custody while the lawsuit proceeds.
With immigration remaining a contentious issue, the final decision on this case could have significant implications for executive power and due process in deportation cases.
Keep up with immigration news with us on Que Onda Magazine.