Judge Halts Trump's Use of 227-Year-Old Law for Deportations

In a significant legal development, a federal judge intervened to block President Donald Trump's use of an 18th-century statute to facilitate the deportation of individuals linked to Venezuelan criminal organizations. The law in question, known as the Alien Enemies Act of 1798, traditionally grants the president expanded powers to manage the expulsion of foreign nationals deemed a threat to national security, particularly during times of war.

Trump's administration has asserted that the United States is engaged in a conflict against criminal gangs from Latin America, specifically citing the Venezuelan group Tren de Aragua as a primary concern. In his justification for invoking the historic legislation, Trump claimed that this gang poses a significant threat to the U.S. by engaging in illicit activities within its borders.

However, Judge James E. Boasberg ruled against the president's actions, determining that the invocation of the Alien Enemies Act in this context was inappropriate. During a court hearing, Boasberg emphasized the urgency of his decision, indicating that delaying action on the matter would not be detrimental to the government's interests. Consequently, deportation flights that had already taken off were ordered to return to their departure points.

Prior to the judge's ruling, discussions between the Trump administration and El Salvador had led to an agreement regarding the detention of approximately 300 members of Tren de Aragua. The U.S. was reportedly prepared to provide $6 million in exchange for their custody. Trump's official statements characterized the gang as a foreign terrorist organization, alleging that many of its members have entered the U.S. unlawfully and are conducting hostile operations against the country.

The application of the Alien Enemies Act has been exceedingly rare in U.S. history, having only been enacted on three occasions, all during wartime. Its first application occurred during the War of 1812, followed by its use during World War I by President Woodrow Wilson, who sought to deport individuals from Germany and other Central Powers. The third instance was during World War II under President Franklin D. Roosevelt, who interned Japanese, German, and Italian nationals in response to the war.

Following Trump's announcement on March 14 to invoke the statute, civil liberties organizations, including the American Civil Liberties Union (ACLU) and Democracy Forward, promptly filed lawsuits challenging the legality of his actions. The ACLU contended that the law was intended for use against hostile nations rather than criminal organizations.

This legal battle highlights the ongoing tensions surrounding immigration policy and national security measures in the current political landscape. As the situation evolves, the implications of this ruling may set significant precedents for how the executive branch can utilize historical legislation in contemporary governance.