Judge Halts Deportation of 5 Venezuelans Allegedly Linked to Tren de Aragua Gang

March 16, 2025 TruthUSA

A court has issued an emergency directive to prevent the possible deportation of Venezuelan detainees under the wartime Alien Enemies Act.

A federal judge has prohibited the Trump administration from deporting five Venezuelan nationals in response to a lawsuit filed prior to Trump’s application of the Alien Enemies Act of 1798, a seldom-used statute permitting swift deportation of foreign nationals during wartime or invasion.

Judge James Boasberg of the U.S. District Court for the District of Columbia issued an order on March 15 without a formal document, citing “exigent circumstances.” This was in response to a request from the American Civil Liberties Union (ACLU) and others to halt the deportation of the Venezuelan plaintiffs involved in the case.

Boasberg’s ruling temporarily prohibits the deportation of the five Venezuelan men, alleged to be affiliated with the Tren de Aragua transnational criminal organization, for a two-week period while further legal proceedings occur.

The lawsuit, initiated early Saturday by the ACLU and Democracy Forward, preemptively contested President Donald Trump’s application of the Alien Enemies Act, which would justify the deportation of the five Venezuelan plaintiffs currently held in Texas.

Later that day, Trump issued a proclamation invoking the wartime legislation, stating that Tren de Aragua is recognized as a Foreign Terrorist Organization and claiming that many of its members have illegally crossed into the United States, engaging in “irregular warfare and hostile actions” against the nation.

The proclamation also asserts that Tren de Aragua “is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States,” labeling its members as “alien enemies” who pose a risk to national security. Trump subsequently mandated the immediate arrest and deportation of all Tren de Aragua affiliates.

The ACLU and Democracy Forward argue in their memo supporting the request for a temporary restraining order that the plaintiffs possess “compelling asylum claims” and that the administration improperly categorized them as “alien enemies” under the AEA [Alien Enemies Act]—a classification enabling their swift deportation during a declared war or “any invasion or predatory incursion.”

The judge’s order to block deportation was issued prior to the Trump administration responding to the claims. The Justice Department, which is representing the Trump administration in this matter, did not provide an immediate response to a request for comment from The Epoch Times.

On his first day back in office, Trump signed a proclamation declaring a national emergency at the southern border, asserting that “America’s sovereignty is under attack” from cartels, criminal organizations, human traffickers, and the illegal entry of aliens.

The proclamation explicitly mentions an “invasion” that has led to “widespread chaos and suffering” in the United States while directing federal agencies to take prompt measures to address what Trump described as a “present danger and imminent threat” linked to illegal immigration.

However, the ACLU and Democracy Forward argue that the United States is neither at war with Venezuela nor facing an invasion from a foreign government, rendering the Trump administration’s potential use of the Alien Enemies Act to deport the Venezuelan men unjustifiable.

“The ambiguity and extensive nature of the anticipated Proclamation, along with the government’s haphazard approach to accusing individuals of ties to Tren de Aragua, will surely create fear and uncertainty regarding the Proclamation’s scope, forcing immigrants to think twice about their daily activities and the exercise of their fundamental constitutional rights,” the organizations stated in their motion.

“Moreover, the Defendants’ extraordinary and contextless invocation of war power, independent of an actual or looming war, raises serious questions about their unjustified use of military authority more generally—and the overall stability of the United States legal framework,” they added.

By supporting the plaintiffs’ request for a temporary restraining order against deportation, the judge noted that the plaintiffs had met the four criteria needed for preliminary relief. These criteria include: likelihood of succeeding on the merits, potential for suffering irreparable harm, the balance of harms favoring the plaintiffs, and that an injunction would serve the public interest.

A hearing has been scheduled for March 17 via videoconference.

Arthur Spitzer, senior counsel at the ACLU of the District of Columbia, stated in a statement that the application of the Alien Enemies Act would signify “yet another dangerous overreach by the administration, aiming to facilitate an unchecked mass deportation program while circumventing required judicial review.”

Trump has continuously indicated his desire to use the Act to address illegal immigration, including during his inaugural speech on January 20.

“By invoking the Alien Enemies Act of 1798, I will instruct our government to utilize the full and immense authority of federal and state law enforcement to eradicate the presence of all foreign gangs and criminal networks inflicting severe crime on U.S. territory, including our urban areas,” he declared.

“As the commander in chief, I have no greater obligation than to protect our nation from threats and invasions, and that is precisely what I intend to do. We will carry out these actions at an unprecedented level,” Trump added.

Since taking office, the president has been proactive regarding immigration enforcement, including instructing federal agencies to act swiftly to repel and remove illegal immigrants who cross the border.

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