A federal judge has halted President Trump’s efforts to swiftly deport Venezuelan migrants under a rarely used wartime law, ordering an immediate stop to removals and the return of any planes already en route to Central America.
U.S. District Judge James Boasberg issued the ruling on Saturday, blocking Trump’s use of the Alien Enemies Act until he can determine whether invoking the centuries-old law is “legally justified.”
The lawsuit, originally filed on behalf of five Venezuelan migrants, has been temporarily expanded into a class action, preventing the deportation of all non-citizens detained under Trump’s proclamation.
“Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished,” Boasberg ordered. “Make sure it’s complied with immediately.”
Despite the judge’s ruling, two planes carrying Venezuelan deportees had already departed from Harlingen, Texas, during a break in the court proceedings. According to flight tracking databases, one was bound for San Salvador, El Salvador, and the other for Comayagua, Honduras. Both were still in the air nearing their destinations when Boasberg issued his order.
The Trump administration’s proclamation, signed Friday but released Saturday, invokes the Alien Enemies Act of 1798, a law historically used only during wartime. Trump justified the move by labeling the Venezuelan gang Tren de Aragua as equivalent to a foreign government engaged in an invasion.
“I find and declare that TdA is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States,” Trump wrote in his declaration.
The order directs Attorney General Pam Bondi to sign a letter within 60 days formalizing the administration’s stance, with instructions to distribute it to every federal judge, including Supreme Court justices, as well as every state governor. Under the order, any individual deemed to fit the outlined criteria is “subject to immediate apprehension, detention, and removal.”
The Justice Department has defended Trump’s authority, arguing that national security decisions rest solely with the president. “Fundamentally a political question to be resolved by the President,” the administration wrote in an emergency motion seeking to overturn Boasberg’s ruling.
Boasberg’s temporary restraining order is set to expire in 14 days, allowing time for further legal proceedings. He has scheduled a hearing for late next week to consider the “broader legality” of Trump’s order.
