By Ted Hesson
WASHINGTON – A U.S. federal judge on Friday extended his temporary halt to President Donald Trump’s use of a 200-year-old wartime law to expel alleged Venezuelan gang members, dealing a setback to the Republican president’s push to speed up the deportations.
U.S. District Judge James Boasberg’s temporary restraining order will put Trump’s use of the 1798 Alien Enemies Act on hold until April 12 while litigation plays out. Boasberg issued a two-week freeze on the use of the law during an emergency March 15 hearing after Trump invoked the act.
The American Civil Liberties Union challenged Trump’s use of the act to rapidly deport alleged members of the Tren de Aragua gang to El Salvador. The ACLU argues the law denies the migrants the due process to contest allegations of gang membership.
Trump’s administration contends the gang, which it branded a terrorist organization in February, has conducted “irregular warfare” in the U.S. and that the entry of members into the U.S. amounts to an invasion justifying the use of the law.
The Alien Enemies Act has been used three times in U.S. history: during the War of 1812, during World War One and during World War Two when it was used to intern and deport Japanese, Italian and German immigrants.
The U.S. Circuit Court of Appeals for the D.C. Circuit on Wednesday upheld Boasberg’s initial pause on Trump’s use of the law, with a Trump-appointed judge dissenting in a 2-1 decision.
The Trump administration on Friday asked the Supreme Court to lift Boasberg’s halt on the deportations.
(Reporting by Ted Hesson; Editing by Howard Goller)
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