A federal judge has prohibited President Donald Trump from utilizing a 227-year-old law intended to safeguard the US during wartime, for implementing widespread deportations of Venezuelans. On Saturday, Trump announced that immigrants associated with the Venezuelan criminal group Tren de Aragua were engaging in “irregular warfare” against the US and would be deported under the Alien Enemies Act of 1798. However, US District Judge James Boasberg temporarily halted the deportations covered by the proclamation, effective for 14 days. The Alien Enemies Act permits individuals who pose a threat to the nation’s security to be detained and removed during war, without adhering to due process. The law was previously employed to intern individuals of Japanese descent during World War II.
During a hearing, Judge Boasberg expressed his concern regarding planes filled with deportees and issued instructions for them to return, as reported by the Washington Post. Trump had declared Tren de Aragua responsible for “perpetrating, attempting, or threatening an invasion or predatory incursion” against the United States. He had previously expressed his intention to use this controversial law for mass deportations during his campaign. The American Civil Liberties Union and other rights groups had already taken legal action to prevent its implementation before Trump’s proclamation. The New York Times reported Judge Boasberg’s observation that the terms “invasion” and “predatory incursion” in the law are applicable to hostile acts carried out by enemy nations and may not provide a solid basis for Trump’s proclamation.
Legal proceedings will now continue, potentially leading to the Supreme Court. The proclamation and the subsequent controversy could garner support from Trump’s followers who endorse his strong stance on immigration policy and crackdown on unlawful immigration. However, rights groups and some legal experts have criticized the invocation of the Alien Enemies Act, citing that it has historically been utilized following the US’s official declaration of war against other countries. The constitution grants Congress the authority to declare war. Under Trump’s order, all Venezuelan citizens in the US, who are at least 14 years old and members of Tren de Aragua, not possessing naturalization or lawful permanent residency, could be detained, restrained, secured, and deported as Alien Enemies. However, Trump has not outlined how US officials will determine membership in the gang. The Brennan Center for Justice suggests that by employing this law, Trump seeks to bypass providing evidence or convincing a judge of an individual’s gang involvement before implementing deportations.
Source: https://www.bbc.com/news/articles/c89yk405lg9o
