A federal judge questioned the Department of Justice Friday over Donald Trump’s “expanded” use of the Alien Enemies Act to deport planefuls of immigrants without due process over the weekend.
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.
Boasberg explained that the Trump administration’s application had “expanded” the AEA’s use, whereas in other instances that the law has been invoked, such as during the War of 1812, World War I, and World War II, “there was no question there was a declaration of war, and who the enemy was,” according to Cheney.
Notably, the United States is not at war with Venezuela.
The judge said that the Trump administration’s application of the AEA was “a long way from the heartland” of the rule, according to journalist Adam Klasfeld.
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.
The Trump administration has refused to reveal the identities of those who were deported or any information on how immigration and customs authorities were able to determine that they were in fact gang members.
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.
The Department of Justice said that habeas petitions would be made available to deportees to challenge their designation under the AEA, but it was unclear how they would fulfill those petitions if they were similarly rushed out of the country.
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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