(Reuters) – A federal judge yesterday temporarily blocked any deportations that would occur under President Donald Trump’s invocation of a little-used wartime law to expedite the expulsion of alleged members of the Venezuelan gang Tren de Aragua.
Trump invoked earlier in the day the Alien Enemies Act of 1798 against the group saying the country was facing an “invasion” from a criminal organization that has been linked to kidnapping, extortion, organized crime and contract killings.
Hours afterwards, Judge James Boasberg issued a temporary restraining order for 14 days. Boasberg said the act “does not provide a basis for the president’s proclamation given that the terms invasion, predatory incursion really relate to hostile acts perpetrated by any nation and commensurate to war.”
In invoking the act, Trump said members of the gang were “conducting irregular warfare and undertaking hostile actions against the United States” with the goal of destabilizing the nation.
The act, which has only been used in times of war, could allow the president to bypass the due process rights of migrants categorized as threats and rapidly deport them.
While the proclamation was released by the White House on Saturday, the wording suggests Trump signed it on Friday.
Under Trump’s proclamation, all Venezuelan citizens 14 years of age or older who are determined to be members of the gang, are within the United States, and are not naturalized or lawful permanent residents of the country are “liable to be apprehended, restrained, secured, and removed as Alien Enemies.”
The Alien Enemies Act is best known for its use to justify internment camps for people of Japanese, German and Italian descent during World War Two.
Civil rights groups and some Democrats have criticized the idea of reviving it to fuel mass deportations and the move will likely trigger legal challenges. The Trump administration in February designated Tren de Aragua, the Sinaloa Cartel and six other criminal groups as global terrorist organizations.
Saturday’s directive said that Tren de Aragua “has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens.”
Trump made the threat posed by the gang a regular feature of his campaign speeches as evidence of what he called a spike in “migrant crime.” Numerous studies show immigrants do not commit crimes at higher rates than native-born Americans.
Immigration advocacy groups and Democrats ripped Trump’s decision.
“Invoking the Alien Enemies Act, an extraordinary wartime power with a shameful history, to arbitrarily detain and deport immigrants is bigoted, dangerous, and profoundly unjust,” said New York Attorney General Letitia James.
William Vasquez, a immigration lawyer in North Carolina, posted on social media that this is the first time the act “has been applied against migrants from a country with which the U.S. is not at war.”
Trump’s action after Boasberg earlier on Saturday temporarily blocked the U.S. government from deporting five Venezuelans after two non-profit groups sued saying invocation of the act would be illegal as it has only been “a power invoked in a time of war, and plainly only applies to warlike actions.”
The court granted a temporary restraining order, stopping the government from deporting them for 14 days. The American Civil Liberties Union, one of the groups that brought the suit, said the Venezuelans are seeking asylum and have been misidentified as being part of Tren de Aragua.
The White House did not immediately respond to a request for comment. Court papers show the government has appealed the judge’s temporary restraining order.
The ACLU and another nonprofit group, Democracy Forward, has asked the temporary restraining order be broadened to everyone in danger of removal under the act.
Trump, a Republican, returned to the White House on January 20 vowing to deport millions of immigrants living in the U.S. illegally. But Trump’s initial deportations have lagged behind those of his Democratic predecessor Joe Biden, who faced high levels of illegal immigration and rapidly deported many recent border crossers.
Trump has taken an array of actions to step up immigration enforcement, sending additional troops to the U.S.-Mexico border and reassigning federal agents to help track down immigration offenders.
But his administration has had to contend with backed-up immigration courts and limited detention space.
