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U.S. District Court Judge James Boasberg refused to lift a restraining order that prevents the Trump administration from deporting Venezuelans under the Alien Enemies Act, a move that suggests the migrants have a strong chance of winning their demand for hearings to determine gang affiliations.
Judge Boasberg highlighted President Trump’s unusual application of the Alien Enemies Act, historically used during wartime, to authorize the deportation of Venezuelans suspected of being involved with the Tren de Aragua gang.
“Plaintiffs are likely to succeed on the fundamental assertion that they deserve individual hearings to ascertain whether the Act is applicable to them,” Boasberg stated in his decision.
Given that the involved plaintiffs contest their alleged membership in the Tren de Aragua, they cannot be deported until their claims are judicially assessed.
However, Boasberg noted that this order does not restrict the Trump administration from deporting Venezuelans under other legal frameworks, such as the Immigration and Nationality Act, particularly since members of Tren de Aragua are already deportable as part of a Foreign Terrorist Organization under that statute.
This ruling is part of a broader legal challenge, including ongoing disputes over whether the Trump administration breached a prior court order from Boasberg that required halting or rerouting deportation flights to a prison in El Salvador.