WASHINGTON, D.C. — A federal judge has blocked President Donald Trump from using the Alien Enemies Act of 1798 to fast-track the deportation of alleged Venezuelan gang members. The ruling halts removals and orders the return of any deportees already en route.
Trump invoked the rarely used law on Friday for the first time since World War II, targeting individuals allegedly linked to the Venezuelan gang Tren de Aragua. The proclamation, kept secret until immigrant rights advocates sued on Saturday, marked an unprecedented peacetime use of the statute.
By Saturday, U.S. District Judge James Boasberg issued an emergency ruling, ordering that “any flights already in the air” be turned around due to the “irreparable harm” deportees could face, including possible imprisonment or persecution.
White House: Deportations Already Executed
Despite the ruling, White House press secretary Karoline Leavitt said immigration authorities had “arrested nearly 300 Tren de Aragua terrorists” over the weekend and deported them to El Salvador. Salvadoran President Nayib Bukele confirmed the arrival of 238 Tren de Aragua members and 23 MS-13 members, sharing footage of them being processed at a maximum-security facility.
“Oopsie, too late,” Bukele posted on social media with a laughing emoji. A White House official responded with a meme saying, “Boom!”
Oopsie…
Too late 😂 pic.twitter.com/nDHL6deLJq— Nayib Bukele (@nayibbukele) March 16, 2025
The detainees were sent to El Salvador’s Terrorism Confinement Center, where they were stripped, shaved, and placed in holding cells. Bukele stated they would be put to forced labor for at least a year, with the U.S. paying a “very low fee” for their incarceration.
Legal and Political Fallout
The Justice Department has appealed the ruling, arguing it “massively oversteps judicial authority” and obstructs efforts to deport dangerous individuals. Attorney General Pamela Bondi defended Trump’s move, asserting the administration remains “undeterred” in cracking down on criminal gangs.
The Trump administration claims Tren de Aragua acts as a proxy for Venezuela’s government, engaging in “irregular warfare” against the U.S. However, human rights groups, including the ACLU, dispute this, arguing that Venezuela’s Maduro regime actively suppresses the gang rather than directing its operations.
“The United States is not at war,” said George Mason University law professor Ilya Somin. “It is illegal to use this law in peacetime.”
Concerns Over Immigration Policy
Trump’s use of the Alien Enemies Act, historically reserved for wartime, has alarmed civil rights advocates. The law was last used during World War II to justify the internment of Japanese Americans.
Critics warn that invoking the act could strip immigrants of legal rights, including asylum claims, and lead to wrongful deportations.
One plaintiff, Venezuelan tattoo artist J.G.G., testified that he was misidentified as a gang member due to his tattoos. He fled Venezuela after being tortured by police and feared for his life if deported.
Trump, who frequently referenced the act during his campaign, announced the policy in a Justice Department speech Friday. “You’ll be reading a lot of stories tomorrow about what we’ve done with them,” he said. The White House formally published the proclamation a day later, just as legal challenges began.
With the judge’s order in place, the battle over Trump’s immigration policies is set to continue in court.
