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A federal judge has issued an immediate injunction blocking the expedited deportation of Venezuelan nationals under the Alien Enemies Act, an infrequently used statute originally intended for wartime scenarios. The ruling also mandates the return of aircraft already en route to Central America with deportees.
U.S. District Judge James Boasberg ordered the administration to pause deportations pending further legal review of the executive order invoking the 1798 law. The lawsuit, initially filed on behalf of five Venezuelan individuals, has been provisionally granted class-action status, temporarily preventing the removal of all non-citizens subject to the order.
“Any plane carrying these individuals that is set to depart or is currently airborne must return to the United States immediately,” Boasberg stated. Two aircraft believed to be carrying deportees departed from Texas airports during a recess in the emergency hearing. Flight tracking data indicated they were bound for El Salvador and Honduras.
The executive order in question classifies the criminal organization Tren de Aragua as equivalent to a foreign government, an assertion central to the administration’s justification for utilizing the Alien Enemies Act. The statute, historically applied only during the War of 1812, World War I, and World War II, allows for the detention and removal of non-citizens from designated enemy nations.
Boasberg’s temporary restraining order is set to expire in 14 days, allowing time for further litigation. A hearing on the legal merits of the case has been scheduled for the following week. The lawsuit, brought by civil rights organizations, argues that the administration’s use of wartime powers in this context exceeds constitutional limits.
The order directs the attorney general to formally notify state governors and federal judges of the administration’s stance and provides for the immediate apprehension, detention, and removal of individuals meeting the specified criteria. It remains unclear how authorities will determine membership in the targeted organization.
The Justice Department has appealed the injunction, arguing that the executive branch retains broad discretion in matters of national security. However, advocacy groups warn that the order could lead to the deportation of vulnerable individuals without due process.
Legal observers note that deportation flights were swiftly arranged, with heightened security surrounding transfer operations. Attorneys monitoring the situation emphasize the urgency of the case, citing concerns over potential harm to those affected.
The litigation will determine whether the administration’s interpretation of the Alien Enemies Act withstands judicial scrutiny, marking a significant legal test of executive authority over immigration and national security policy.
