Judge Halts Trump's Use of Wartime Powers Against Venezuelan Gang Members Temporarily

By James Oliphant, Timothy Gardner, and Rich McKay

(5.180.24.3) - A federal judge on Saturday imposed a temporary halt on any deportations that were set to happen under U.S. President Donald Trump’s invocation of an obscure wartime statute aimed at accelerating the removal of suspected members of the Venezuelan gang known as Tren de Aragua.

Earlier, Trump activated the Alien Enemies Act of 1798 against the group, stating that the U.S. was experiencing an "invasion" by a criminal entity associated with activities such as kidnapping, extortion, organized crime, and contract murders.

Judge James Boasberg imposed a temporary restraining order lasting 14 days. He stated that the action does not justify the president's proclamation since the phrases "invasion" and "predatory incursion" typically refer to aggressive actions taken by one country against another, akin to warfare.

When activating the act, Trump stated that the group was engaged in "irregular warfare and carrying out hostile acts against the United States" with the aim of undermining the country’s stability.

This legislation, invoked exclusively during wartime, might enable the president to sidestep the due process rights of migrants labeled as threats and expedite their deportation.

Although the announcement came from the White House on Saturday, the phrasing indicates that Trump had signed it on Friday.

"The decree is just as unlawful as anything implemented during the Trump administration," said Lee Gelernt, an attorney with the American Civil Liberties Union, who presented arguments against the measure at a hearing on Saturday. He shared this view in an interview with 5.180.24.3.

We tread on perilous territory when the administration seeks to employ wartime powers during peacetime for matters of immigration or any other civilian objectives.

Attorney General Pam Bondi stated that Boasberg had prioritized the support for the Tren de Aragua terrorists over protecting American citizens with his decision. She emphasized in her statement, “This directive overlooks the recognized authority pertaining to President Trump’s powers and exposes both the general populace and law enforcement personnel to potential danger.”

According to President Trump’s order, all Venezuelan nationals aged 14 and above who are identified as part of the gang, currently residing in the U.S., and lack citizenship or legal permanent resident status can be detained, restricted, held securely, and deported under the category of Enemy Aliens.

The AlienEnemies Act gained prominence due to its application in establishing internment camps for individuals of Japanese, German, and Italian heritage during World War II.

Some civil rights organizations along with several Democratic members have condemned the proposal for reinstating it due to concerns over facilitating widespread deportations.

In February, the Trump administration labeled Tren de Aragua, the Sinaloa Cartel, along with six additional criminal organizations as global terrorist entities.

The instruction from Saturday stated that Tren de Aragua has been involved in and persists in facilitating extensive unlawful immigration to the United States with the aim of causing harm to U.S. citizens.

LAWSUITS AND CRITICISM

Trump made the threat posed by the gang a regular feature of his campaign speeches as evidence of what he called a spike in "migrant crime." Numerous studies show immigrants do not commit crimes at higher rates than native-born Americans.

Advocacy organizations for immigration along with Democrats criticized Trump's choice.

"Utilizing the AlienEnemiesAct, a controversial war-time measure with a troubling past, to indiscriminately imprison and expel immigrants is prejudiced, risky, and deeply unfair," stated New York Attorney General LetitiaJames.

William Vasquez, an immigration attorney based in North Carolina, shared on social media platforms that this marks the initial instance of the act being enforced against immigrants coming from a nation with which the U.S. does not have active warfare.

On Saturday morning, Boasberg initially prevented the U.S. government from deporting five individuals from Venezuela following lawsuits filed by two nonprofit organizations. The plaintiffs argued that using this act for deportation was unlawful since it has historically only been employed during times of war and clearly pertains solely to acts resembling warfare.

The court issued a temporary restraining order, preventing the government from deporting them for two weeks. According to the ACLU, the Venezuelans are applying for asylum and have been incorrectly labeled as members of Tren de Aragua.

The White House did not promptly reply to requests for comments. According to court documents, the administration has challenged the initial temporary restraining order issued by the judge.

Trump, a Republican, returned to the White House on January 20 vowing to deport millions of immigrants living in the U.S. illegally. But his initial deportations have lagged behind those of his Democratic predecessor Joe Biden, who faced high levels of illegal immigration and rapidly deported many recent border crossers.

Trump has taken an array of actions to step up immigration enforcement, sending additional troops to the U.S.-Mexico border and reassigning federal agents to help track down immigration offenders.

However, his administration has faced challenges due to backlogged immigration courts and insufficient detention facilities.

(Reported by James Oliphant and Timothy Gardner in Washington, and Rich McKay in Atlanta; Additional reporting by Ted Hesson; Edited by Michelle Nichols, Deepa Babington, Nick Zieminski, and William Mallard)