A federal judge issued a temporary restraining order on Saturday, preventing President Donald Trump from using the Alien Enemies Act of 1798 to deport Venezuelan gang members without due process.

The ruling halted deportation flights already in progress, requiring any planes carrying individuals removed under the order to return to the United States.

U.S. District Judge James Boasberg in Washington, D.C., issued the emergency order after Trump signed a presidential directive invoking the rarely used Alien Enemies Act.

Necessary https://t.co/akDxJ2rOKW

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Elon Musk Called This Financial News 'Terrifying'

The administration had aimed to use the law to swiftly deport alleged members of Tren de Aragua, a violent Venezuelan prison gang that authorities say has infiltrated the United States.

Boasberg, who serves as the chief judge for the district, responded quickly after reports that flights carrying deportees had already taken off.

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“Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished,” he reportedly wrote in the order.

He further directed that officials comply with his ruling immediately.

The US is experiencing first-hand at home what The Blob has been doing for 35 years around the globe when it sets up “Rule of Law,” “Judicial Reform” and “Governance” programs abroad — a captured judiciary that serves as a backstop if they lose an election. https://t.co/hdFLMSJgYL

— Mike Benz (@MikeBenzCyber) March 16, 2025

The judge’s decision places a 14-day restraining order on Trump’s directive, temporarily blocking removals while legal proceedings continue.

A new hearing has been scheduled for Friday to further review the legality of the administration’s attempt to use the centuries-old law.

The ruling came in response to a lawsuit filed by the American Civil Liberties Union (ACLU) and Democracy Forward.

The lawsuit specifically challenged the removal of five Venezuelan men who were detained and processed for deportation under Trump’s order.

During an emergency hearing on Saturday morning, Boasberg initially blocked the deportation of the five men named in the legal challenge.

Later that evening, he expanded his ruling to prevent the deportation of all individuals identified as gang members under the order.

The Trump administration has already filed an appeal against the judge’s decision.

AG Pam Bondi and her team filed with the DC Circuit an emergency motion to pause DC Obama Judge Jeb Boasberg’s illegal order sabotaging the presidency.

He ordered Trump to stop deporting foreign terrorists–and even turn around flights and bring them back to American soil. pic.twitter.com/XgvJYKQbLS

— Mike Davis (@mrddmia) March 16, 2025

“I do not believe I can wait any longer and am required to act,” Boasberg said in his ruling.

He argued that delaying the removals would not harm the government, as the detainees would remain in U.S. custody while the case is under review.

The Alien Enemies Act, part of the broader Alien and Sedition Acts of 1798, has historically only been used during wartime.

The last instance was under President Franklin D. Roosevelt, who invoked it following the attack on Pearl Harbor in 1941.

The Roosevelt administration used the law to justify the internment of individuals of Japanese, German, and Italian descent.

Trump’s order, signed on Friday, argues that Tren de Aragua represents an ongoing threat to national security, stating that Venezuelan nationals connected to the gang are “liable to be apprehended, restrained, secured, and removed as Alien Enemies.”

“Over the years, Venezuelan national and local authorities have ceded ever-greater control over their territories to transnational criminal organizations, including TdA,” Trump’s proclamation states.

“The result is a hybrid criminal state that is perpetrating an invasion of a predatory incursion into the United States, and which poses a substantial danger to the United States.”

Tren de Aragua, a criminal organization that originated in Venezuelan prisons, is known for violent crimes, human trafficking, and drug smuggling.

According to U.S. authorities, the gang has exploited mass migration from Venezuela over the past decade to establish a foothold in the United States.

The administration has pointed to the gang’s activities as justification for stricter border policies.

The White House has identified at least 300 individuals in U.S. custody as members of Tren de Aragua.

FBI Director Kash Patel: “In just two short weeks, we have arrested over 300 violent felons , gang members, including MS-13 and 18 gangsters. We have taken seizure of hundreds of pounds of narcotics and hundreds of weapons, currency and illicit goods.”
pic.twitter.com/orzJyFa0M9

— Benny Johnson (@bennyjohnson) March 14, 2025

The administration planned to deport them to El Salvador, a country that has worked closely with U.S. officials in addressing transnational gang violence.

Trump signed a presidential order in January designating Tren de Aragua as a foreign terrorist organization.

This designation allowed immigration authorities to target its members for detention and expedited deportation.

With the court’s temporary restraining order now in place, Trump’s efforts to use the Alien Enemies Act for swift removals remain stalled.

The legal battle is expected to continue as the administration seeks ways to move forward with its crackdown on criminal organizations operating within U.S. borders.

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