The Trump administration faced a legal challenge before deporting Venezuelans under the Alien Enemies Act. Chief Judge James Boasberg issued a temporary order on March 15, 2025, directing the government to suspend deportations and turn around any flights already in progress. This ruling came after the ACLU sued on behalf of five Venezuelans in Texas detention fearing deportation without due process.
– Judge Boasberg questioned the legality of invoking the Alien Enemies Act without a congressional war declaration against Venezuela, noting the law had only been used during declared wars (1812, WWI, WWII).
– He expanded his initial protections for the five plaintiffs to cover in federal custody subject to deportation under Trump’s proclamation.
– The administration was ordered to maintain custody of detainees for 14 days pending further hearings.
Despite the court order, deportation flights to El Salvador departed hours before the ruling. White House officials later acknowledged the flights were already airborne when Boasberg’s order was issued. Justice Department lawyers then attempted to bypass further review by appealing directly to the DC Circuit Court.
Trump officials claimed presidential authority under Article II to determine what constitutes an “invasion,” asserting Venezuelan government ties to Tren de Aragua gang members. Critics argued this interpretation would let any president unilaterally deport entire nationalities by declaring them enemies without congressional approval. The ACLU called the move a dangerous expansion of executive power that could affect all Venezuelan migrants in the U.S..
The administration’s defiance set up a constitutional clash over separation of powers, with the DC Circuit now weighing whether emergency wartime powers can apply without formal hostilities.
