A federal judge blocked the Trump administration to use a law of the 18th century known as the Alien Enemies Law to deport five Venezuelans, starting a litigation storm about the controversial movement even before the President has announced it.
President Donald Trump has stated extensively that he would invoke the law of 1798, last used to justify the internment of Japanese-American civilians during World War II.
On Saturday, the American Union of Civil Liberties and Democracy Forward filed an extraordinary lawsuit in a federal court in Washington that states that the order would identify a Venezuelan gang, Aragua Train, as a “predatory raid” by a foreign government and would seek to deport any Venezuela in the country as a member of that gang, regardless of the facts.
James E. Boasberg, main judge of the DC circuit, agreed to implement a temporary restriction order that prevented deportation for 14 days under the law of the five Venezuelans who are already in immigration custody and believed that they were being transferred to be deported. Boasberg said his order was to “preserve the status quo.” Boasberg scheduled a audience for later in the afternoon to see if his order must be expanded to protect all Venezuelans in the United States.
Hours later, the Trump administration appealed the initial restriction order.
The unusual avalanche of litigation highlights the controversy around the Alien Enemies Law, which could give Trump a vast power to illegally deport people in the country. It could allow you to avoid some protections of normal criminal law and immigration. But he would face immediate challenges in the Line of Saturday’s litigation because previously it had only been used during the war.
The law requires a formal warfall before it can be used. But immigration lawyers were alarmed by a great activity on Friday night.
“Last night, it seems that the Government was preparing to deport several Venezuelans who had no legal authority to deport,” said Ahilan Aulanaantham, an immigration lawyer in Los Angeles who presented two requests to block deportations that night.
