Federal Judge Blocks Trump Administration from Using Alien Enemies Act to Deport Venezuelans Without Hearings

A federal judge has reaffirmed a restraining order blocking the Trump administration from deporting Venezuelan migrants under the Alien Enemies Act, ruling that the government must provide individualized hearings before removing people accused of gang affiliation.

Judge: Migrants Deserve Due Process Before Deportation

U.S. District Judge James Boasberg ruled that President Donald Trump’s executive order, which allowed the immediate deportation of any Venezuelan suspected of being a member of the Tren de Aragua gang, violates due process protections.

“Plaintiffs are likely to succeed on another equally fundamental theory: before they may be deported, they are entitled to individualized hearings to determine whether the Act applies to them at all,” Boasberg wrote in his opinion.

The Tren de Aragua, a Venezuela-based transnational criminal organization, has been cited by the administration as a justification for mass removals. However, Boasberg emphasized that mere suspicion of affiliation is insufficient grounds for deportation without legal review.

Challenge to ‘Unprecedented’ Use of the Alien Enemies Act

Boasberg criticized the administration’s novel use of the 1798 Alien Enemies Act, a wartime law typically invoked during armed conflicts. The U.S. is not currently at war with Venezuela, making the legal basis for its use highly questionable.

“President Trump’s unprecedented use of the Act outside of the typical wartime context raises serious constitutional questions,” Boasberg noted.

The ruling comes as part of a broader legal challenge brought by immigration advocates and civil rights groups, who argue that the sweeping deportation order violates both the Constitution and international human rights norms.

What Happens Next?

• The restraining order remains in place, meaning no Venezuelan can be deported under the Act without a court hearing to assess the validity of the government’s gang allegations.
• The case is expected to move forward to a full hearing on the constitutionality of using the Alien Enemies Act in peacetime immigration enforcement.
• The ruling marks a significant setback for the Trump administration, which has sought to accelerate deportations using expanded executive powers.

Legal experts say the outcome of this case could reshape how far a president can go in invoking wartime laws in modern immigration policy.