Trump invokes the 18th-century Alien Enemies Act, a wartime law, amid immigration crackdown; judge stalls it hours later

President Donald Trump on Saturday invoked the Alien Enemies Act of 1798, claiming the United States was being invaded by a Venezuelan gang called Tren de Aragua. This rarely used war-time law grants the president broad powers to expedite mass deportations, potentially advancing Trump's aggressive immigration crackdown.

Trump asserted that Tren de Aragua was acting on behalf of Venezuela's government, describing the gang as a hostile force that poses a serious threat to the United States. "Over the years, Venezuelan national and local authorities have ceded ever-greater control over their territories to transnational criminal organisations, including TdA," Trump's statement read. "The result is a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States."

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Hours after Trump’s proclamation, US District Court Chief Judge James E. Boasberg issued an emergency order blocking deportations under the 18th-century law. Boasberg intervened after reports emerged that the government had already begun flying deportees to El Salvador and Honduras for detention.

"I do not believe I can wait any longer and am required to act," Boasberg said during a Saturday evening hearing. He emphasized that delaying the deportations would not harm the government since those affected remained in custody.

The ruling followed a lawsuit filed by the American Civil Liberties Union (ACLU) and Democracy Forward on behalf of five Venezuelans facing imminent deportation. The groups had anticipated Trump's move and filed their case before his declaration was officially announced.

In its appeal, the Justice Department warned that allowing the court to block Trump's order could undermine national security. "District courts would have licence to enjoin virtually any urgent national-security action just upon receipt of a complaint," the department argued, adding that such interventions could extend to drone strikes, intelligence operations, or terrorist captures.

What is Alien Enemies Act?

The Alien Enemies Act has a controversial history, last invoked during the internment of Japanese-Americans in World War II. It has only been used twice before that—during World War I and the War of 1812. Trump's use of the Act aligns with his campaign rhetoric about cracking down on Tren de Aragua, a gang he frequently highlighted as linked to Venezuelan President Nicolas Maduro's regime.

The White House has already classified Tren de Aragua as a terrorist organisation and is preparing to move around 300 alleged gang members to detention facilities in El Salvador.

With inputs from AP