Judicial activism was hard at work again on Saturday when a federal judge blocked President Donald Trump from using the Alien Enemies Act to swiftly deport members of the notorious Venezuelan gang Tren de Aragua.
The ruling not only halted deportations but also ordered any flights already in progress under Trump’s directive to turn back and return to the United States, effectively forcing the administration to keep these dangerous criminals on American soil.
USA Today has more.
The order came after Trump on Saturday issued a proclamation, which he signed the day before, that relies on the 18th-century law to deport members of the Tren de Aragua gang, which he said "continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens."
The Alien Enemies allows the deportation without a hearing of anyone from the designated enemy country who is not a naturalized citizen. The law has only been invoked three times while the country was at war, to hasten the removal of citizens of enemy countries.
Hours before the proclamation's release, Chief U.S. District Judge James Boasberg in Washington, D.C., granted a temporary restraining order Saturday and ordered the government not to deport five Venezuelan nationals cited in a lawsuit brought by two nonprofits, Democracy Forward and the American Civil Liberties Union.
So, yeah, we have a federal judge telling a U.S. president he literally can’t use the law to deport criminal illegals.
The judge converted a lawsuit into a class action during a hearing Saturday evening, extending the temporary restraining order to all non-citizens in the U.S. covered by Trump’s invocation of the Alien Enemies Act. The order will remain in place for at least 14 days while litigation proceeds. Trump’s proclamation, which invoked the Act, accused Tren de Aragua, a group designated as a foreign terrorist organization, of conducting hostile actions and irregular warfare against the U.S. at the direction of Venezuela’s President Nicolás Maduro. Another hearing is scheduled for Monday.
Boasberg claims the Alien Enemies Act does not "provide a basis for the president's proclamation given that the terms invasion, predatory incursion really relate to hostile acts perpetrated by any nation and commensurate to war."
But, that's not exactly true.
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“Congress approved the Alien Enemies Act in anticipation of another war against the United Kingdom,” explains USA Today. “It has been invoked three times: during the War of 1812, World War I and World War II, according to Katherine Yon Ebright, a counsel at the Brennan Center for Justice at New York University.”
However, there is ample precedent for using the law even when not during times of war.
Despite being invoked during wars, former Presidents Woodrow Wilson and Harry Truman each continued to enforce the law after the end of hostilities, Ebright said. Wilson used it to detain German and Austro-Hungarian immigrants for two years after the end of World War I in 1918. Truman used it for detentions and deportations for six years after the end of World War II in 1945.
The Supreme Court upheld Truman’s extension in 1948 by reasoning the end of wartime authorities is a “political” matter.
The Trump administration plans to appeal, of course.
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