Judge Extends Injunction Against Trump’s Alien Enemies Act Invocation

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The temporary restraining order had been set to expire on March 29.

U.S. District Judge James Boasberg on March 28 extended a temporary restraining order that prevents U.S. officials from deporting illegal immigrants from the United States solely on the basis of President Donald Trump’s invocation of a wartime law.

Boasberg said in a 3-page ruling there is good cause to extend the order because Venezuelan nationals who sued over the invocation are entitled to relief preventing their removal “at least until they have had a chance to challenge that they are covered by the Proclamation.”

“That is so because they are likely to succeed on the merits of their claim that they are entitled to such an opportunity; that they will suffer irreparable harm in the absence of emergency relief; and that the balance of equities and the public interest tilt in their favor,” the judge said, citing his previous rulings in the case.

No developments have taken place since the entry of the order and a similar narrower order that call those decisions into question, according to the ruling.

The injunctions had been due to expire on March 29. They are now in place until April 12, or until further order from the court.

Lawyers for the illegal immigrants had asked Boasberg to extend the orders, which were entered on March 15, just hours after Trump’s proclamation was made public.

If the orders were allowed to expire, officials would resume deportation flights to El Salvador, the lawyers warned.

U.S. Department of Justice attorneys had opposed the motion for an extension. They wrote in a filing that the court lacks jurisdiction over the allegations, “which challenge matters within the President’s unreviewable authority and, nonetheless, sound in habeas and must therefore be brought as habeas claims in district of confinement.”

The extension came on the same day the Trump administration asked the U.S. Supreme Court to intervene in the case, claiming that the block on utilizing the Alien Enemies Act to deport members of the Tren de Aragua terrorist gang “is forcing the United States to harbor individuals whom national-security officials have identified as members of a foreign terrorist organization bent upon grievously harming Americans.”

By Zachary Stieber

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