Federal Judges Halt Trump’s Venezuela Deportations, Reject Use of 1798 Wartime Law

​On April 9, 2025, federal judges in Texas and New York issued temporary restraining orders halting the Trump administration’s use of the Alien Enemies Act of 1798 to deport Venezuelan nationals alleged to be members of the Tren de Aragua gang. These rulings underscore the judiciary’s insistence on due process rights for individuals facing deportation under this rarely invoked law.​

In Texas, Judge Fernando Rodríguez Jr., appointed by President Trump, blocked the deportation of three Venezuelans detained at the El Valle Detention Facility. He highlighted the risk of wrongful removal, citing the case of Kilmar Abrego Garcia, who was mistakenly deported despite a prior court order against it. Rodríguez emphasized that the detainees lacked final deportation orders and had not been given adequate notice to challenge their removal. ​

Simultaneously, in New York, Judge James Boasberg, appointed by President Clinton, issued a similar order protecting detainees in his jurisdiction. Boasberg’s ruling mandates that individuals must receive notice and an opportunity to contest their deportations, aligning with a recent U.S. Supreme Court decision that, while allowing deportations under the Alien Enemies Act, requires adherence to due process. ​

These judicial interventions respond to concerns from civil rights organizations, including the American Civil Liberties Union (ACLU), which argue that the Alien Enemies Act is being misapplied, especially since the U.S. is not formally at war with Venezuela. The ACLU also challenges the reliability of the administration’s methods for identifying alleged gang members, such as the use of tattoos as indicators of gang affiliation.

These legal developments highlight the ongoing tension between the executive branch’s immigration enforcement policies and the judiciary’s role in safeguarding constitutional rights. Further hearings are scheduled later in April to assess the scope of protections for affected individuals.