In a major judicial setback, a federal judge has temporarily stayed the Trump administration’s attempt to use the 18th-century Alien Enemies Act to deport five Venezuelans. The order arrives as more legal challenges, even before President Donald Trump officially enacts the measure, are escalating.
Trump Announces Use of Controversial 1798 Law
President Trump has strongly suggested reinstating the 1798 Alien Enemies Act, a little-used law with a history of controversial wartime measures, such as the internment of Japanese-Americans during World War II.
Trump Administration Considering New Visa Limits on Citizens of Several Countries
The Trump administration is said to be considering imposing new travel bans on citizens of many countries.
Lawsuit Challenges Mass Deportation Strategy
On Saturday, civil rights organizations such as the American Civil Liberties Union (ACLU) and Democracy Forward sued in a Washington federal court, contending the administration’s move illegitimately singles out Venezuelans. The complaint alleges that the government is trying to designate Tren de Aragua, a Venezuelan crime group, as part of a larger threat posed by Venezuela, as a way to justify en masse deportations in the name of national security—irrespective of personal circumstances.
Court Issues Preliminary Restraining Order
Chief D.C. Circuit Judge James E. Boasberg issued a preliminary restraining order blocking the deportation of the five Venezuelans in immigration custody from proceeding immediately. The order, aimed at “maintaining the status quo,” will be in place for 14 days. A follow-up hearing was set to decide if more expansive protections were to be accorded to the entire Venezuelan community living in the United States.
Administration Appeals Judge’s Ruling
The Trump administration quickly appealed Boasberg’s restraining order to challenge it, heightening the court fight over the use of the centuries-old law by the administration.
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Legal Experts Sound Alarm on Wartime Law
The controversy has highlighted the broad authority the Alien Enemies Act would ostensibly grant to the executive, bypassing many of the customary protections in immigration and criminal law. In the past, the law has only been applied under times of formally declared war.
Immigration lawyers were especially fretful after reports came in late last Friday that said authorities were on the verge of deporting Venezuelans under conditions that lacked legal basis.
Immigration Lawyers Respond
“Based on what we saw last night, it’s evident that the government was proceeding with deportations without legal authority,” stated Ahilan Arulanantham, a well-known immigration lawyer from Los Angeles, who submitted emergency petitions to stop the deportations.
