A federal judge has blocked the Trump administration from deporting any noncitizens pursuant to the president’s recent proclamation invoking the Alien Enemies Act.
A federal judge blocked the Trump administration from deporting any noncitizens pursuant to the president’s recent proclamation invoking the Alien Enemies Act.
Less than two hours after President Donald Trump attempted to invoke the 18th century law to deport alleged members of the Venezuelan gang Tren de Aragua, U.S. District Judge James Boasberg issued a temporary restraining order that blocks the Trump administration from deporting noncitizens currently in custody pursuant to the president’s recent proclamation.
« Flights are actively departing and plan to depart. I do not believe that I am able to wait any longer », Boasberg said.
He also ordered the Trump administration to immediately turn around two planes carrying noncitizens if they are covered by his order, including one that potentially took off during a break in the court’s hearing.
« You shall inform your clients of this immediately any plane containing these folks that is going to take off or is in the air needs to be returned to the United States », he said. « However that’s accomplished, turning around the plane, or not embarking anyone on the plane…this is something that you need to make sure is complied with immediately. »
Finding the deportations would cause irreparable harm, Boasberg barred the Trump administration from deporting « all non-citizens who are subject to the AEA proclamation » for at least 14 days. ICE will continue to keep the noncitizens in their custody while the lawsuit makes its way through the courts.
« I think there’s clearly irreparable harm here given that these folks will be deported and many – or the vast majority – to prison or back to Venezuela where they face persecution or worse », he said.
Before Judge Boasberg issued his order, a lawyer with the DOJ had declined to say whether any deportations were ongoing, arguing disclosing « operational details » would raise « potential national security issues. » He later acknowledged that two flights — one to El Salvador and another to Honduras — had already departed.
