U.S. District Judge James E. Boasberg rejected the Trump administration's call to rescind a temporary restraining order preventing the Alien Enemies Act of 1798 from being used to deport alleged Venezuelan gang members.
In a 37-page ruling on Monday, Boasberg noted that the law was meant to be used when there was a "declared war" or when there was an "invasion or predatory incursion" by a "hostile nation or government."
"Each [plaintiff] vehemently denies being a member of Tren de Aragua" and therefore not subject to President Donald Trump's executive order, the ruling said.
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"The Government now moves to vacate the TROs, primarily on the ground that there is not a sufficient likelihood that Plaintiffs will succeed on their legal claims," the judge continued. "The Court need not resolve the thorny question of whether the judiciary has the authority to assess this claim in the first place. That is because 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."
In the end, Boasberg rejected Trump's request because the plaintiffs were "likely to succeed."
"For the foregoing reasons, the Court will deny Defendants' Motion to Vacate the TRO," Boasberg wrote.
For his part, Trump and Republican members of Congress have called for Boasberg's impeachment in response to the initial restraining order.
