A federal judge has temporarily blocked President Donald Trump’s attempt to use an old law from 1798—the Alien Enemies Act—to deport suspected members of a Venezuelan gang. On top of that, he ordered any deportation flights already in the air to turn around and return to the U.S.
Trump invoked the rarely used wartime authority on March 15, claiming the Venezuelan gang Tren de Aragua has infiltrated President Nicolas Maduro’s regime, including its military and police, and is waging “irregular warfare” in the U.S. through drug trafficking.
But just hours before Trump’s proclamation was made public, the ACLU and Democracy Forward filed a lawsuit to stop the deportation of five Venezuelan men under this order. Chief Judge James E. Boasberg initially granted a temporary restraining order for those five men, preventing their deportation for at least 14 days. Now, he’s expanded that protection to all non-citizens in U.S. custody who fall under Trump’s proclamation.
The Justice Department immediately appealed the decision.
For now, this means that Venezuelan citizens aged 14 and older who are suspected members of Tren de Aragua and are currently in the U.S. cannot be deported—at least for the next two weeks, or until the court rules otherwise.
“Any plane carrying these individuals that has taken off or is in the air needs to return to the United States,” Judge Boasberg ordered. “Those people need to be returned.”
However, the judge clarified that his ruling does not apply to individuals already ordered to leave the U.S. for reasons unrelated to Trump’s proclamation. And if someone has already landed in another country and stepped off the plane? They’re no longer under the court’s jurisdiction.
What’s Next?
Another court hearing is scheduled for Friday, March 21, where both sides will present further arguments.
