A US federal judge intervened on Saturday to halt deportations after President invoked an 18th-century law in an attempt to expel from the country.
Trump invoked Alien Enemies Act of 1798 — a sweeping wartime power that gives the president greater freedom to enact mass deportations — in response to the gang known as Tren de Aragua.
The White House claimed Tren de Aragua was linked to the government of Venezuelan President .
Trump claimed the gang was “conducting irregular warfare against the territory of the United States both directly and at the direction, clandestine or otherwise, of the Maduro regime.”
But critics warned that it was unprecedented for a president to use the Alien Enemies Act in such a way.
“Invoking it in peacetime to bypass conventional immigration law would be a staggering abuse,” the Brennan Center for Justice wrote.
It said Trump’s decision was “at odds with centuries of legislative, presidential, and judicial practice.”
Judge halts deportations pending trial
Trump’s deportation order, which was actually signed on Friday night, gave authorities the power to detain and expel all Venezuelans identified as members of Tren de Aragua who are aged 14 and up and are not naturalized US citizens or lawful permanent residents.
The order allowed authorities to bypass regular immigration proceedings and removed legal protections for those targeted. Trump announced the move on Saturday.
However, hours later, it was challenged in a lawsuit filed by rights groups the American Civil Liberties Union (ACLU) and Democracy Forward.
The ACLU noted that the law had only been invoked three times: most recently for during World War II, as well as during World War I and the War of 1812.
It also argued that Trump did not have the authority to use it against a criminal gang instead of a state.
US District Judge James E. Boasberg ruled that the ACLU had a reasonable chance of success on those arguments and halted deportations for people already in custody for up to 14 days.
The judge scheduled a hearing for the case on Friday.
Edited by: Sean Sinico
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