U.S. District Court Judge James Boasberg has refused to lift a restraining order that prevents the Trump administration from using the Alien Enemies Act to deport Venezuelan migrants, arguing that individuals must first be given hearings to contest claims that they are part of a criminal gang.
In his ruling, Boasberg emphasized the unprecedented nature of the Trump administration’s use of the Alien Enemies Act—a law historically applied during wartime—outside of its traditional context. The administration’s order sought to remove any Venezuelan migrant suspected of belonging to the Tren de Aragua, a notorious transnational gang.
Migrants Entitled to Hearings Before Deportation
Boasberg determined that migrants have a strong case for asserting their right to individualized hearings before being deported under the act.
“Plaintiffs are likely to succeed on another equally fundamental theory: before they may be deported, they are entitled to individualized hearings to determine whether the Act applies to them at all,” Boasberg wrote.
Since the named plaintiffs deny membership in Tren de Aragua, Boasberg ruled that they cannot be deported until a court reviews their claims.
Deportation Still Possible Under Standard Immigration Laws
Boasberg clarified that the ruling does not prevent the Trump administration from deporting Venezuelans through regular immigration authorities, such as the Immigration and Nationality Act (INA).
“The Order did not prevent Defendants from removing anyone — to include members of the class — through other immigration authorities such as the [INA],” he noted.
He also pointed out that individuals with confirmed affiliations to Tren de Aragua were already deportable under existing laws, as the gang has been designated a Foreign Terrorist Organization (FTO).
Legal Battle Over Migrant Transfers to Salvadoran Prison
The ruling comes amid a separate legal fight over whether the Trump administration violated Boasberg’s previous order by deporting migrants to a Salvadoran prison without proper legal proceedings. The facility has been accused of torturing inmates, raising human rights concerns.
Boasberg expressed frustration with the administration’s lack of transparency regarding the deportations.
“The government’s not being terribly cooperative at this point, but I will get to the bottom of whether they violated my order, who ordered this and what the consequences will be,” he said on Friday.
His Monday order further criticized the handling of the 260 Venezuelan migrants already sent to El Salvador, stating that they were not informed of their destination and were not given an opportunity to raise claims under the Convention Against Torture.
“Without such information, even if they had been given an opportunity to raise a torture claim, they would not have been able to meaningfully do so,” Boasberg wrote.
What Comes Next?
While the ruling temporarily blocks the administration’s use of the Alien Enemies Act, it does not prevent deportations through standard immigration channels. However, the ongoing legal dispute over the alleged violation of court orders regarding deportation flights could lead to further legal consequences for the Trump administration.
