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Before the deportation flights left for Venezuela, Chief Judge James Boasberg of the U.S. District Court for the District of Columbia issued a to block the Trump administration from using the Alien Enemies Act to deport alleged Tren de Aragua gang members. The order, issued on March 15, 2025, stated:
– The government must of non-citizens subject to the act for at least 14 days.
– Any planes already in the air carrying deportees were ordered to .
– The judge emphasized that allowing deportations would cause “irreparable harm” by removing migrants’ ability to challenge their expulsion in court.
:
– Judge Boasberg questioned whether the Alien Enemies Act could be invoked without a against Venezuela. The law has historically only been used during declared wars (War of 1812, WWI, WWII).
– The Trump administration argued that the president has under the Constitution to determine what constitutes an “invasion” or threat, bypassing judicial oversight.
Despite the order, the administration to El Salvador, claiming:
1. The planes were over when the TRO was issued, rendering the order inapplicable.
2. Federal courts lack jurisdiction over the president’s foreign affairs powers under the Alien Enemies Act.
White House Press Secretary Karoline Leavitt later stated the deportees had already been “removed from U.S. territory” before the court’s order took effect. Meanwhile, the Justice Department filed an emergency motion to stay the TRO, calling it an “unprecedented intrusion” on executive authority.
This clash between the judiciary and executive branch sets up a over presidential war powers and immigration enforcement, with implications for future uses of the 1798 law.
