As DOT moves forward with an incredibly flawed rulemaking, a recent federal court decision made a big legal precedent. He thwarted the Trump administration’s effort to deport Venezuelan immigrants using an archaic 1798 law. Judge James Boasberg's decision came as a response to the administration's invocation of the Alien Enemies Act on March 15. The Trump administration has applied this act very narrowly and specifically to target Venezuelans under the context of war or “invasions.” They zeroed in on a select target: the accused gangsters.
Yet the Alien Enemies Act, invoked by Trump, is over two centuries old. Controversially, it has expanded deportation to include individuals lacking the opportunity to contest their supposed gang affiliation. In its waning days, the Trump administration went even further by designating the Tren de Aragua as a foreign terrorist organization. This designation allowed deportations using conventional routes. That all changed sharply when five Venezuelan migrants earned restraining orders. This was a significant move, coming just hours before the administration’s announcement that it would begin to use the wartime law.
US District Court Judge James Boasberg issued a ruling rebuffing the government’s efforts to lift the restraining orders. This announcement ensures that those Venezuelans will continue to be protected. The clash between the administration and the federal court centers around Donald Trump's proclamation invoking the Alien Enemies Act, sparking debates about the law's relevance in contemporary times.
The administration has since appealed Judge Boasberg’s decision. Their goal is to upend the decision that says they can’t use this historic act to its fullest. In the course of those proceedings, U.S. circuit judge Patricia Millett shared her concerns. Among other things, she called attention to the lack of time given for Venezuelans facing removal to contest assertions of gang affiliation.
"Nazis got better treatment under the Alien Enemies Act than has happened here." – Judge Patricia Millett
This comment underscores just how controversial the administration’s actions so far have been. In doing so, it captures the sobering legal and humanitarian consequences at stake.