The Trump administration has deported alleged Venezuelan gang members using the 1798 Alien Enemies Act despite a federal judge’s temporary order blocking the deportations. U.S. District Judge James Boasberg issued an oral injunction on Saturday evening, instructing flights already en route to return to the United States.
However, the written version of his order did not explicitly mention planes already airborne, leading the White House to argue Sunday that no order was violated.
White House spokesperson Karoline Leavitt stated the administration complied fully, claiming the deportees had already left U.S. territory by the time the written ruling was issued. Legal experts typically view judges’ verbal instructions as legally binding. The Justice Department quickly sought an appeal, while administration officials plan to fight the ruling aggressively, potentially in the Supreme Court.
Secretary of State Marco Rubio stated that two leaders of MS-13 and over 250 members of Venezuela’s violent Tren de Aragua gang had been sent to El Salvador. El Salvador’s President Nayib Bukele mocked the late court order, posting a video showing the deportees arriving.
The Alien Enemies Act, dating to 1798, grants presidents broad wartime powers to deport foreign nationals from enemy states without due process. Invoked by Trump citing security threats from Venezuelan gangs, it had last been used in World War II. Judge Boasberg’s temporary restraining order aims to preserve the status quo for 14 days pending a fuller legal review.
