The Trump administration has deported hundreds of Venezuelan immigrants to El Salvador under an 18th-century wartime declaration, despite a federal judge’s order seeking to block these actions. This decision has led to legal challenges and criticism from human rights organizations.

President Donald Trump utilized the Alien Enemies Act of 1798, claiming it justified the deportation of suspected members of the Venezuelan gang Tren de Aragua, accused of “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.”

The administration did not provide evidence that the individuals deported were gang members or had committed crimes in the U.S.

U.S. District Judge James E. Boasberg issued an order on Saturday, March 15, 2025, temporarily halting the deportations after learning that two planes carrying immigrants were already en route—one to El Salvador and another to Honduras. Boasberg verbally instructed the planes to return, but this was not included in his written order.

The White House defended its actions, stating that the judge’s order was issued too late. In a statement, White House Press Secretary Karoline Leavitt denied that the administration disobeyed a court order. She argued that the order lacked legal grounding and was issued after the “TdA aliens” had already departed the U.S. “TdA aliens” refers to members of the Tren de Aragua gang.

The Department of Justice has appealed the judge’s decision, stating in a court filing that it will not rely on Trump’s order for further deportations unless the judge’s decision is reversed.

According to Secretary of State Marco Rubio, over 250 suspected Tren de Aragua members were sent to El Salvador, where President Nayib Bukele agreed to incarcerate them in the country’s prison system for a year at a cost of $6 million.

President Bukele appeared to mock the judge’s ruling, posting “Oopsie…Too late,” on social media alongside an article about the court order. This post was later shared by White House communications director Steven Cheung.

Legal experts questioned the administration’s adherence to the judge’s directive. Steve Vladeck, a professor at Georgetown University Law Center, remarked that although Boasberg’s verbal instruction to turn the planes around was not technically included in his final order, the Trump administration violated the “spirit” of it.

“This just incentivizes future courts to be hyper-specific in their orders and not give the government any wiggle room,” Vladeck said.

The Alien Enemies Act of 1798 has been invoked only three times in U.S. history—during the War of 1812 and both World Wars. The law requires a presidential declaration of war, granting broad powers to detain or deport foreigners who would otherwise have legal protections. Its most recent use justified the wartime imprisonment of Japanese Americans during World War II.

Venezuela’s government condemned the use of the act, describing it as reminiscent of “the darkest episodes in human history, from slavery to the horror of the Nazi concentration camps.”

Footage released by El Salvador’s government showed the deported individuals arriving at an airport tarmac lined with officers in riot gear. Bound at the wrists and ankles, the men were forced to the ground by officers. They were then transported to prison in a large convoy protected by police and military vehicles, including at least one helicopter.

The video also depicted the men kneeling as their heads were shaved before changing into the prison’s all-white uniform—knee-length shorts, T-shirt, socks, and rubber clogs—and being placed in cells. Authorities transferred the immigrants to the notorious CECOT facility, part of Bukele’s approach to tackling crime through strict law enforcement and curtailment of freedoms.

Court filings indicate that a Friday evening, March 14th proclamation from the Trump administration declared an invasion by the Tren de Aragua organization, which was not made public until Saturday. Immigration lawyers reported that late Friday, they noticed Venezuelans who could not otherwise be deported under immigration law being moved to Texas for deportation flights, prompting them to file lawsuits to stop the transfers.

Adam Isacson of the Washington Office on Latin America (WOLA) warned on social media that designating Venezuelan citizens as members of the Tren de Aragua gang could serve as a pretext for their removal from the U.S., denying them legal defense opportunities.

Five Venezuelan detainees in Texas filed a lawsuit to prevent their deportations, fearing false gang membership accusations, according to their legal team. The plaintiffs argued that once the act is invoked, Trump could declare anyone a Tren de Aragua member and deport them without due process.

Judge Boasberg initially stopped the Venezuelans’ deportations Saturday morning when the lawsuit was filed, but only expanded it to cover all individuals in federal custody who might be targeted by the act after his afternoon hearing. The judge pointed out that the law’s previous application was limited to officially declared war times, suggesting the president may have overreached his authority in this case. The plaintiffs, therefore, have a strong argument that his actions were unlawful.

A temporary halt to deportations will last for a maximum of two weeks. Affected immigrants will remain in federal detention during this pause. A further court hearing was scheduled for March 21st to consider additional arguments.

The judge emphasized the importance of giving the immigrants a chance to have their pleas heard in court, stating, “Once they’re out of the country, there’s little I could do.”

The case is expected to ultimately reach the Supreme Court, where the administration believes it will prevail.