A United States federal judge has stopped President Donald Trump from using an old wartime law to deport Venezuelans, saying it is not meant for immigration cases.
Trump had announced on Saturday that he would use the Alien Enemies Act of 1798 to deport members of a Venezuelan crime gang, Tren de Aragua, calling them a threat to US security. He claimed the gang was “conducting irregular warfare” against the country.
However, US District Judge James Boasberg ruled on Saturday night that the deportations must stop for 14 days while the court reviews the case. According to reports, the judge even ordered planes carrying deportees to turn back.
The Alien Enemies Act was originally created to allow the US to detain or remove people from enemy nations during wartime. The last time it was used was during World War II, when Japanese-Americans were placed in internment camps.
During the court hearing, the judge questioned Trump’s argument, saying the words “invasion” and “predatory incursion” in the law were meant for wars between nations. “The law probably does not support Trump’s proclamation,” he said, according to the New York Times.
The American Civil Liberties Union and other rights groups had already sued Trump before he made the announcement, arguing that the law does not apply in this situation.
Katherine Yon Ebright, a lawyer at the Brennan Center for Justice, criticized Trump’s move, saying, “He wants to bypass any need to provide evidence or convince a judge that someone is actually a gang member before deporting them.”
Trump’s order stated that all Venezuelans in the US aged 14 and above, who are members of Tren de Aragua and not lawful residents, would be detained and removed. However, the order did not explain how US officials would identify gang members.
Trump had promised during his campaign to crack down on illegal immigration, and since taking office in January, he has been making changes to the US immigration system.
Legal experts say Trump’s use of the Alien Enemies Act is unprecedented, as the US has not officially declared war against Venezuela. Under the US Constitution, only Congress can declare war.
The case is expected to move through the courts and may even reach the US Supreme Court.
