Donald Trump invokes 225-year-old law to deport Venezuelan gang, judge slams brakes—Legal battle heats up

US President Donald Trump invoked the Alien Enemies Act of 1798 on Saturday (March 15), citing an alleged “invasion” by the Venezuelan gang Tren de Aragua. The move, aimed at accelerating mass deportations of undocumented immigrants, has already sparked immediate legal battles, with a federal judge temporarily blocking the deportation of five Venezuelans under the act.

Targeting Tren de Aragua

Trump’s declaration claims that Tren de Aragua is a hostile force operating under the direction of Venezuela’s government. By invoking the rarely used Alien Enemies Act, Trump seeks to bypass traditional immigration procedures and expand executive power in what he describes as a necessary national security measure.

Legal pushback begins

Just hours before Trump’s announcement, Chief Judge James E. Boasberg of the DC Circuit issued a temporary restraining order preventing the deportation of five Venezuelans. The ruling halts their removal for 14 days while the court considers broader legal challenges.

Boasberg stated that his order was necessary “to preserve the status quo” while further arguments are heard. He scheduled a hearing later in the afternoon to determine if the restraining order should be expanded to cover all Venezuelans in the US who may be affected by the policy.

Civil rights groups challenge Executive action

The American Civil Liberties Union (ACLU) and Democracy Forward swiftly filed lawsuits against the administration, arguing that Trump’s order could wrongly classify all Venezuelans as gang members, leading to mass deportations without due process.

“This is an unprecedented use of an archaic law that hasn’t been invoked in modern times. The administration is stretching legal boundaries to justify mass deportations,” said Ahilan Arulanantham, an immigration lawyer involved in filing emergency petitions.

Trump Administration Appeals Restraining Order

Hours after Boasberg’s decision, the Trump administration filed an appeal to overturn the ruling, arguing that blocking the order before its full implementation would undermine national security.

“If this order stands, district courts would have license to enjoin virtually any urgent national-security action just upon receipt of a complaint,” the Justice Department wrote in its appeal.

The administration further warned that allowing courts to preemptively block executive actions could extend to drone strikes, intelligence operations, and counterterrorism efforts, severely limiting presidential authority.

As litigation unfolds, the scope and legality of Trump’s order remain uncertain. The upcoming court hearing could determine whether the restraining order is expanded or whether the administration’s unprecedented use of the Alien Enemies Act will proceed unimpeded.