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The US president’s decision to use an 18th century war law to deport alleged Tren de Aragua gang members has been stayed by a federal court
A federal judge has temporarily blocked President Donald Trump’s attempt to quickly deport Venezuelan citizens, accused of being part of the Tren de Aragua gang, without a court order. Trump invoked the Aliens Enemies Act of 1798, a rarely used law of war, to proceed with these deportations.
U.S. District Judge James Boasberg upheld the appeal filed by five Venezuelans, suspending the forced repatriation for 14 days, the time needed to assess the legality of applying this law. The judge’s order also stopped the deportation of all migrants based on this law, requiring the return of the planes that had already taken off.
The White House had kept the proclamation secret until a few hours before the ruling, by which Trump decided to apply a law used only three times in American history. Two planes with Venezuelan citizens on board were already flying to El Salvador and Honduras at the time of the suspension.
The judge raised legal doubts, pointing out that the application of the law equates a Venezuelan criminal gang with a hostile foreign government. He also emphasised the risk of ‘irreparable harm’ to repatriated migrants, especially minors, who could be imprisoned or persecuted in Venezuela.
The Justice Department has already appealed the ruling, calling it an ‘unauthorised imposition’ on executive power.
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