The Trump administration's decision to invoke the Alien Enemies Act of 1798 to deport Venezuelans linked to the Tren de Aragua gang has sparked a legal tussle. The administration secretly employed the centuries-old statute to target Venezuelans over the age of 14, raising questions about its application in this context. Chief US District Judge James Boasberg intervened, issuing a temporary restraining order to halt the deportations of five Venezuelan plaintiffs, which escalated into a complex legal confrontation.
Judge Boasberg’s order temporarily blocked the Trump administration's efforts to deport the individuals, who had legally challenged their removal. The administration, however, contended that it adhered to Boasberg’s written order. It argued that the judge’s authority clashed with President Trump's executive powers over military and foreign affairs, which are typically beyond judicial review. Abhishek Kambli, the deputy assistant attorney general, articulated the administration's stance before the court.
Boasberg expressed skepticism regarding the administration's arguments, particularly its assertion that his judicial authority was limited once deportation flights entered international airspace. According to the administration, the judge's jurisdiction lapsed when flights left US airspace and landed in El Salvador, where deportees were confined in a maximum-security facility.
“My equitable powers are pretty clear that they do not lapse at the airspace’s edge,” said James Boasberg, highlighting his belief in the courts' authority over decisions made by US officials.
The administration maintained that oral statements during proceedings did not equate to formal injunctions unless explicitly stated in written orders. Kambli contended that written orders take precedence over any verbal directives issued during court proceedings.
“Oral statements are not injunctions and the written orders always supersede whatever may have been stated in the record,” explained Abhishek Kambli.
Despite these assertions, Boasberg ordered the government to submit additional information by Tuesday noon, indicating unresolved issues surrounding the administration's compliance with his temporary restraining order. The judge remained unconvinced by arguments suggesting that verbal orders carried less legal legitimacy than written ones.
The Trump administration’s reliance on the Alien Enemies Act, a statute historically requiring identification of a state adversary, has also drawn scrutiny. The rationale behind applying this law to Venezuelans associated with a gang remains unclear, as it traditionally addresses threats from hostile nations rather than specific criminal groups.