(Image Credit: IMAGN) Mar 4, 2025; Washington, DC, USA; U.S. President Donald Trump leaves after addressing a joint session of Congress at the U.S. Capitol on March 04, 2025 in Washington, DC. President Trump was expected to address Congress on his early achievements of his presidency and his upcoming legislative agenda. Mandatory Credit: Win McNamee-Pool via Imagn Images
Washington D.C. – President Donald Trump has invoked the wartime Alien Enemies Act of 1798 to order the deportation of five Venezuelan nationals, marking a controversial use of the centuries-old law. However, within hours of the announcement, a federal judge temporarily blocked the move, setting the stage for a major legal battle over presidential powers and immigration policy.
The White House, in a presidential proclamation issued Saturday, justified the action by citing the presence of Tren de Aragua (TdA), a Venezuelan gang recently designated as a Foreign Terrorist Organization. “Tren de Aragua is a designated Foreign Terrorist Organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States,” the statement read.
Trump’s decision to invoke the act is already facing significant legal challenges. The American Civil Liberties Union (ACLU) and Democracy Forward immediately filed a lawsuit, arguing that the Alien Enemies Act has historically been used only during wartime—in the War of 1812, World War I, and World War II—and cannot legally be applied to Venezuelans since the U.S. is not at war with Venezuela.
Hours after the White House proclamation, U.S. District Judge James Boasberg issued a temporary restraining order preventing the deportation of the Venezuelans for at least 14 days. Boasberg stated in his ruling that the urgency of the case required immediate action to “maintain the status quo until a hearing can be set.”
A remote hearing is scheduled for today at 5 p.m., where the ACLU and Democracy Forward will seek to expand the restraining order to all individuals at risk of deportation under the act.
The ACLU lawsuit argues that Trump is unlawfully weaponizing the Alien Enemies Act to bypass established immigration laws and procedures. Under this act, individuals labeled as “alien enemies” can be deported without court hearings or asylum interviews, shifting their cases into the realm of wartime authority rather than standard immigration law.
Critics say this move is part of a broader effort to escalate mass deportations under Trump’s immigration agenda. Juliana Macedo do Nascimento, deputy director of United We Dream, called the invocation “horrifying.”
“This law shouldn’t be invoked because migration is not an invasion, and we’re not in a wartime scenario,” she said. “It’s extremely horrifying that we, as immigrants, are being labeled as terrorists, as invaders.”
The Alien Enemies Act, passed 227 years ago, was previously used to justify the detention and deportation of Japanese, German, and Italian Americans during World War II. Critics warn that Trump’s actions could set a dangerous precedent, allowing future administrations to use wartime powers to bypass due process for immigrant communities.
Trump has long framed illegal immigration as an invasion, repeatedly stating his intention to use the full force of federal law enforcement to remove foreign gangs and criminals. His administration has already directed agencies to prepare facilities for expedited deportations under the act.
As legal challenges mount, the case could have far-reaching implications for immigration enforcement, executive power, and civil liberties in the U.S.. The federal court’s final ruling on the Alien Enemies Act’s applicability in this case could shape immigration policy for years to come.
