During a hearing, U.S. District Judge James Boasberg said that Trump’s invocation of the centuries-old wartime law to declare the Tren de Aragua gang an invading force was “unprecedented,” and that the policy ramifications were “troublesome and problematic and concerning,” according to Politico’s senior legal correspondent Kyle Cheney, who documented the hearing in a thread of posts on X.
Notably, the United States is not at war with Venezuela.
Lawyers from the ACLU and Democracy Forward had challenged Trump’s use of the wartime law Saturday, asserting that several individuals the government claimed were gang members had been wrongly identified. Boasberg then ordered the Trump administration to temporarily pause deportations under the AEA, but the government continued with the removal of more than 250 individuals.
During the hearing Friday, ACLU attorney Lee Gelernt claimed that the deported Venezuelans were not given a “meaningful” chance to contest their designation as terrorists, and urged that future deportees should receive the opportunity to argue for their innocence, according to Cheney.
Boasberg implied that the Trump administration had been anxious to speed along the removal of the alleged gang members, signing the order to do so “in the dark.”
“It seems to me the only reason to do that is if you know it’s a problem and you want to get them out of the country before there are suits filed,” Boasberg said, according to Cheney.
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