A federal judge has temporarily blocked the Trump administration from using a wartime law to deport migrants accused of links to the Venezuelan gang Tren de Aragua.
US District Judge James Boasberg also ordered any planes carrying those migrants to return to the US.
Earlier Saturday, the Trump administration invoked the Alien Enemies Act of 1798, which allows deportation of undocumented immigrants during war or foreign threats.
Boasberg blocked the removal of five individuals challenging the move, later expanding the ruling to cover all affected noncitizens in US custody.
“Particularly given the plaintiffs’ information, unrebutted by the government, that flights are actively departing and planning to depart, I do not believe that I’m able to wait any longer,” Boasberg said. “Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States.”
The temporary restraining order will last 14 days or until further court action.
“I think there’s clearly irreparable harm here given these folks will be deported,” Boasberg added. “A brief delay in their removal does not cause the government any harm.”
The Justice Department has appealed the ruling.
A White House proclamation cited Tren de Aragua as a terrorist organisation, stating its members have “unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions.”
The Alien Enemies Act has been used three times in US history, all during war, including World War II, when it contributed to Japanese internment, according to the Brennan Center.
The ACLU, arguing against its use, said the gang’s actions do not meet the legal definition of an invasion.
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