In a dramatic courtroom decision, U.S. District Judge James Boasberg has temporarily blocked the Trump administration from deporting noncitizens under the president’s recent proclamation invoking the Alien Enemies Act (AEA).
The ruling comes just hours after President Donald Trump’s administration sought to use the 18th-century law to deport alleged members of the Venezuelan gang Tren de Aragua.
Judge Boasberg, who issued the restraining order less than two hours after the proclamation, expressed urgency, stating, “Flights are actively departing and plan to depart. I do not believe that I am able to wait any longer.”
The judge’s order mandates that any deportation flights carrying noncitizens affected by his decision must return to the United States, including one flight that had potentially taken off during the hearing.
“You shall inform your clients immediately,” Boasberg directed, “any plane containing these individuals needs to be turned around or not embarked upon at all.”
His ruling, which will remain in place for at least 14 days, prevents any deportations under the AEA while the lawsuit is litigated.
The case revolves around the Trump administration’s use of the AEA, which allows for the deportation of noncitizens deemed a threat to national security, based on a declaration of war or invasion.
The administration’s legal team contends that the president’s Article II powers justify this move. However, the judge found that the deportations could cause irreparable harm, particularly to individuals facing potential violence or imprisonment in their home countries, such as Venezuela.
At the center of the legal battle are claims made by the American Civil Liberties Union (ACLU), which represents five plaintiffs allegedly detained under the AEA. Four of these plaintiffs are accused of being members of Tren de Aragua.
The ACLU argues that the government is wrongfully labeling these individuals as gang members, with some even seeking asylum from the very group they are accused of joining.
During the court hearing, the Justice Department’s lawyers had declined to provide specific details on deportation flights, citing national security concerns.
However, they later confirmed that at least two flights, one to El Salvador and another to Honduras, had already departed.
Judge Boasberg also raised alarms over the potential destination of the deportees.
“Not only are they going to be deported, but it’s not to friendly countryside—it’s to prison,” he remarked, expressing particular concern about the fate of Venezuelans potentially sent to prisons in El Salvador.
Following the ruling, Florida Attorney General Pam Bondi issued a statement condemning the judge’s decision.
“The judge supported Tren de Aragua terrorists over the safety of Americans,” she said. Bondi criticized the ACLU’s involvement, arguing that the judge’s ruling jeopardized public safety and law enforcement efforts.
The ACLU’s Lee Gelernt countered, claiming that hundreds of Venezuelans were already being deported to prisons in El Salvador, where they would face dire conditions. “These people are in real trouble,” he stated, emphasizing the urgency of the court’s intervention.
In response to the decision, the Department of Justice requested an emergency stay from the U.S. Court of Appeals for the District of Columbia Circuit, arguing that the judge’s ruling was an overreach that undermined the president’s authority.
The AEA, dating back to 1798, was designed to allow the president to expel foreign nationals from hostile countries during times of war or invasion.
The Trump administration’s use of this law to target a criminal gang, however, has sparked widespread criticism. The ACLU contends that the gang, Tren de Aragua, is not a nation, making the invocation of the AEA illegal.
“The government’s effort to use a wartime law for immigration enforcement is not only unprecedented—it’s unlawful,” Gelernt added.
The ACLU’s involvement underscores broader concerns over the Trump administration’s immigration enforcement policies, which have been heavily scrutinized for their potential to bypass due process rights.
As the legal battle continues, the temporary restraining order ensures that noncitizens detained under the AEA will remain in custody, awaiting further court proceedings.
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