In a significant legal development, a federal judge has issued a temporary restraining order that halts the deportation of five Venezuelan nationals amidst heightened actions against the criminal organization Tren de Aragua (TdA), following President Donald Trump’s invocation of a historic law targeting alleged terrorist groups.

Background on the Alien Enemies Act

The Alien Enemies Act of 1798 allows for the deportation of foreign nationals from nations considered enemy states without a formal hearing. This law has been invoked three times throughout U.S. history: during the War of 1812, World War I, and World War II.

Trump’s recent proclamation specifically targets Venezuelans aged 14 and older who are members of the TdA and who lack naturalization or permanent residency in the U.S. Under this framework, such individuals may be classified as “alien enemies” and subjected to removal.

Legal Response to the Proclamation

Prior to the proclamation, civil rights organizations, including the American Civil Liberties Union (ACLU) and Democracy Forward, filed a lawsuit arguing that the application of this law could unjustly affect Venezuelans irrespective of their alleged affiliation with the gang.

Chief U.S. District Judge James Boasberg from the D.C. Circuit granted the restraining order on Saturday, preventing the deportation of the five individuals, all of whom had been in federal custody for two weeks at the time of the ruling.

Subsequently, two aircraft involved in the deportation process were ordered to return, although it remains unclear whether they complied by Saturday night.

Government Reaction

U.S. Attorney General Pam Bondi criticized the judge’s decision, stating, “Tonight, a DC trial judge supported Tren de Aragua terrorists over the safety of Americans. This order disregards well-established authority regarding President Trump’s power…”

The Trump administration has filed an appeal against this restraining order, asserting that delaying a presidential action is unjustifiable.

The Stakes Involved

Leaders from civil rights organizations express concern that the administration’s approach could set a dangerous precedent for unlawful immigration enforcement practices. Skye Perryman, President and CEO of Democracy Forward, contended that “the United States is not at war, nor has it been invaded,” thus questioning the necessity of invoking wartime authority in this context.

A hearing on the merits of the case is set to take place in D.C. soon.

Understanding Tren de Aragua

Tren de Aragua was designated as a foreign terrorist organization on February 20 by the U.S. Department of State and is believed to be involved in various criminal activities, including mass illegal migration, which the White House claims compromises public safety. The gang is also associated with various somber crimes, including murders and extortion, often functioning in tandem with the Cártel de los Soles, a narcoterrorism organization tied to the Venezuelan regime.