A federal judge issued a temporary restraining order on Saturday night, preventing the Trump administration from deporting Venezuelan immigrants under the Alien Enemies Act of 1798. The decision came before Trump officially announced the executive order, sparking immediate legal challenges. The lawsuit, filed by the ACLU and Democracy Forward in a Washington, D.C., federal court, argued that the law has historically been used only during wartime and should not apply in this case. The five Venezuelan plaintiffs, held in immigration detention in Texas and New York, challenged the administration’s claim that the Venezuelan gang Tren de Aragua constituted a “predatory incursion” justifying their removal.
Just hours before midnight on Saturday, March 16th, Judge James E. Boasberg of the U.S. District Court for the District of Columbia initially granted the restraining order for these five individuals, citing the need to “preserve the status quo.” Hours later, following an emergency hearing, Boasberg expanded the order to cover all noncitizens affected by the executive action. The ruling effectively halted deportations under the order for 14 days. The Justice Department swiftly appealed the decision, arguing that the D.C. court lacked jurisdiction since the plaintiffs were not held in the district and that the legal challenge was premature.
Despite the judge’s ruling, the Trump administration proceeded with deporting hundreds of alleged gang members. A plane carrying 238 members of Tren de Aragua and 23 members of the MS-13 gang landed in El Salvador on Sunday morning. Salvadoran President Nayib Bukeleconfirmed their arrival, stating that the detainees were transferred to the country’s Terrorism Confinement Center for a renewable one-year detention. Bukele mocked the court’s ruling in a social media post, writing, “Oopsie… Too late,” highlighting the administration’s disregard for the order. The facility, known for its controversial treatment of inmates, has been a key part of Bukele’s crackdown on organized crime.
U.S. Secretary of State Marco Rubio confirmed the deportations and thanked Bukele, calling him “the strongest security leader in our region.” The administration justified the move under the Alien Enemies Act, despite the court order. Video footage from El Salvador showed detainees shackled and escorted by armed officials into buses bound for the maximum-security prison. The deportations come amid Trump’s broader immigration enforcement efforts, which have yet to reach the scale promised during his campaign. Reports indicate that February deportation numbers under the Trump administration were lower than during the same period in 2024.
The lawsuit asserts that Trump’s executive action distorts the original intent of the Alien Enemies Act, wrongly classifying Venezuelan migrants as enemy combatants. It warns that the order could be used to target broad immigrant groups without judicial oversight. Immigration lawyers noted that the rushed implementation signaled an effort to bypass traditional deportation procedures, raising concerns over due process violations. The controversy surrounding the order underscores broader debates about presidential authority in immigration enforcement.
With the legal battle now moving to higher courts, the next hearing is scheduled for March 21. The case is expected to set a significant precedent for how historical wartime laws can be applied in modern immigration policy. If upheld, Trump’s executive order could redefine deportation powers, but opponents argue it risks undermining constitutional protections for noncitizens. The upcoming court proceedings will determine whether the temporary restraining order remains in place or if the administration can proceed with removals under the Alien Enemies Act.
