A federal judge barred the Trump administration from carrying out deportations under a sweeping 18th century law, hours after President Donald Trump invoked it to speed removal of Venezuelan gang members from the US.
The Alien Enemies Act, which was last used during World War II, allows the president broader leeway on policy and executive action. However, in this case, U.S. District Judge James E. Boasberg said he needed to issue his order immediately because the government already was flying migrants it claimed were newly deportable under Trump’s proclamation to be incarcerated in El Salvador and Honduras.
Boasberg’s ruling came hours after Trump claimed that a Venezuelan gang called Tren de Aragua was invading the US and invoked the law. However, authorities have reported arrests of Tren de Aragua members in several countries, including Venezuela’s government claims to have eliminated the organization.
The judge halted deportations for up to 14 days, citing concerns about the administration’s actions putting the public and law enforcement at risk. The decision also puts pressure on the Trump administration’s efforts to expand presidential power.
The ACLU and Democracy Forward filed a lawsuit against the Trump administration, arguing that the president did not have the authority to use the law against a criminal gang rather than a recognized state. Boasberg agreed with this argument and issued his order.
The ruling highlights the significance of Trump’s declaration, which has been met with criticism from immigration lawyers and experts. The decision also raises concerns about the administration’s ability to issue new proclamations to use the Alien Enemies Act against other migrant gangs in the future.
Source: https://apnews.com/article/trump-aclu-deportations-venezuelans-b2566f05b10bf1cde1caf467a3b001cc