Court expands ruling blocking Trump’s plan to deport Venezuelans under 1798 law
'Any plane containing these folks that is going to take off, or is in the air, needs to be returned to United States,' judge says
The Supreme Court of the United States
ISTANBUL
A federal judge who temporarily prevented President Donald Trump's attempt to use the Alien Enemies Act of 1798 to deport suspected members of a Venezuelan gang he accused of "illegally infiltrating" the US on late Saturday expanded this ruling to apply to all "non-citizens in US custody” who fall under Trump’s proclamation.
"Any plane containing these folks that is going to take off, or is in the air, needs to be returned to the United States,” Chief Judge James E. Boasberg of the D.C. District Court said.
The decision means that all Venezuelan citizens aged 14 or older, who are members of Tren de Aragua and currently in the US without naturalization or lawful permanent residency, must remain in the country for 14 days or until the court issues a further order.
The ruling does not apply to those already ordered to leave the country for other reasons, nor does it affect individuals who have already arrived in another country. The judge also set March 21 to hear further arguments.
A federal judge on Saturday blocked the Donald Trump administration’s reported plan to use the Alien Enemies Act (AEA) of 1798 to expedite the deportation of five Venezuelan nationals.
US District Judge James Boasberg issued the restraining order hours after the American Civil Liberties Union (ACLU) filed a motion challenging the administration’s efforts.
The ACLU, representing five individuals in immigration custody, argued that the plaintiffs have compelling asylum claims, including one who fled Venezuela after being beaten by police for his stepfather’s political dissent.
The judge ruled that the administration cannot remove the plaintiffs for two weeks, pending a hearing on the challenge.
A remote hearing is scheduled for later Saturday where the ACLU will seek to broaden the order to protect others potentially affected by the law.
The Trump administration is said to have planned to invoke the act, a wartime law allowing the president to detain or deport non-citizens from hostile nations, to target Venezuelans allegedly affiliated with the Tren de Aragua gang, designated as a foreign terrorist organization in the US.
