The Trump administration has once again ignited controversy with its latest immigration enforcement actions. Despite a federal judge's order temporarily blocking the deportation of Venezuelan immigrants under an obscure 18th-century wartime statute, the administration proceeded with transfers to El Salvador and Honduras. The legal and humanitarian implications of this move are now under intense scrutiny.
Background: The Alien Enemies Act of 1798
The legal basis for these deportations stems from the Alien Enemies Act of 1798, a law historically used only during declared wars, including the War of 1812 and the two World Wars. The statute grants the president extraordinary powers to detain or remove noncitizens from hostile nations during wartime.
On Friday night, President Trump signed a proclamation declaring the presence of the Venezuelan Tren de Aragua (TdA) gang in the United States as an "invasion." This paved the way for mass deportations, bypassing existing immigration laws that would typically provide detainees with due process protections. By Saturday, flights carrying over 250 deportees were already in the air, including individuals alleged to be TdA members, as well as two high-profile members of the Salvadoran MS-13 gang.
Legal Challenge and Judge Boasberg's Ruling
Legal advocates swiftly challenged the use of the Alien Enemies Act, arguing that it had never been invoked outside of a congressionally declared war and that its application in this case exceeded the president's legal authority.
U.S. District Judge James E. Boasberg issued an emergency order Saturday morning barring the deportation of five Venezuelan plaintiffs held in Texas. By the afternoon, he expanded the ruling to cover all individuals in federal custody who could be targeted under Trump's proclamation. Boasberg emphasized that plaintiffs deserved their day in court before facing potentially unconstitutional removal.
However, by the time his order was issued, two deportation flights were already en route—one to El Salvador and another to Honduras. While Boasberg verbally instructed that the planes be turned around, the directive was not included in his written order, and the flights proceeded.
White House and DOJ Response
The Trump administration swiftly dismissed allegations that it had flouted a court order. White House Press Secretary Karoline Leavitt stated, “The Administration did not ‘refuse to comply' with a court order. The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from U.S. territory.”
Meanwhile, the Department of Justice (DOJ) has appealed Boasberg's decision and announced it will refrain from further deportations under the proclamation unless the ruling is overturned.
Humanitarian and Diplomatic Concerns
The move has sparked outcry from human rights groups and foreign governments. Venezuela's government issued a strong condemnation, likening the use of the Alien Enemies Act to "the darkest episodes in human history, from slavery to the horror of the Nazi concentration camps."
Critics argue that the administration's actions set a dangerous precedent, allowing the president to unilaterally declare entire nationalities or communities as threats without due process. Adam Isacson of the Washington Office for Latin America warned that "any Venezuelan citizen in the U.S. may be removed on pretext of belonging to Tren de Aragua, with no chance at defense."
El Salvador, which has agreed to house 300 deportees in its prison system at a cost of $6 million, has drawn its own controversy. Video footage released by the Salvadoran government showed shackled men being paraded off the planes, shaved, and placed into high-security detention facilities. President Nayib Bukele mocked the U.S. court order on social media, posting, “Oopsie…Too late.”
What Happens Next?
Judge Boasberg has scheduled a hearing for Friday to assess whether Trump's invocation of the Alien Enemies Act was lawful. The temporary restraining order on deportations remains in place for up to 14 days, keeping affected immigrants in federal custody during that time.
The broader legal question remains: Can a U.S. president invoke a centuries-old wartime law to deport immigrants absent a formal war declaration by Congress? If Boasberg rules against the administration, it could significantly limit the executive branch's ability to bypass standard immigration procedures through emergency declarations.
Saluja Law will continue to monitor this case and provide updates on the legal and policy implications of this unprecedented use of the Alien Enemies Act. If you or a loved one are affected by recent immigration enforcement actions, it is critical to seek legal counsel immediately to understand your rights.