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President Trump’s deportation efforts halted by judge citing 1798 legislation – DW – March 16, 2025

A US federal judge stepped in on Saturday to stop the deportation of Venezuelans after President Donald Trump used an 18th-century law to try and remove them from the country.

Trump utilized the Alien Enemies Act of 1798, which gives the president extended powers to conduct mass deportations during wartime, as a response to the gang known as Tren de Aragua.

The White House claimed that Tren de Aragua was connected to the government of Venezuelan President Nicolas Maduro.

Trump alleged that the gang was “conducting irregular warfare against the territory of the United States both directly and at the direction, clandestine or otherwise, of the Maduro regime.”

However, critics warned that it was unheard of for a president to use such a law without being in a time of war.

The Brennan Center for Justice stated that invoking the law during peacetime to bypass usual immigration law would be an abuse of power.

Trump’s deportation order, which was signed on Friday night, granted authorities the ability to detain and expel all Venezuelans identified as members of Tren de Aragua who were aged 14 and up and were not naturalized US citizens or lawful permanent residents.

This order allowed authorities to skip regular immigration proceedings and remove legal protections for those targeted. Trump announced this move on Saturday.

However, hours later, it was challenged in a lawsuit filed by rights groups the American Civil Liberties Union (ACLU) and Democracy Forward.

The ACLU mentioned that the law had only been invoked three times before: during the internment of Japanese-American civilians during World War II, as well as during World War I and the War of 1812.

It also argued that Trump did not have the authority to use the law against a criminal gang instead of a state.

US District Judge James E. Boasberg ruled that the ACLU had a reasonable chance of success on those arguments and halted deportations for people already in custody for up to 14 days.

The judge scheduled a hearing for the case on Friday.

Edited by: Sean Sinico

Source: https://www.dw.com/en/trump-stalled-by-judge-after-using-1798-deportation-law/a-71934135?maca=en-rss-en-all-1573-rdf

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