The United States is preparing to restart the deportation of Venezuelan migrants under the Alien Enemies Act, a controversial law dating back to 1798, according to a new court filing by the American Civil Liberties Union (ACLU). The legal organization is urgently seeking to halt the removal of two men detained in Texas who were informed by ICE officials that their deportation was imminent.
This marks the first attempt to reinitiate deportations under this law since the U.S. Supreme Court ruled on April 7 that migrants must be given advance notice and a chance to contest their removals in court. The law, originally designed to expel citizens of enemy nations during wartime, was most notoriously used during World War II to intern and deport individuals of Japanese, German, and Italian descent.
In the latest case, two Venezuelan men held at the Bluebonnet Detention Facility in Anson, Texas, were told late Thursday that they could be deported as early as Friday or Saturday. The ACLU asked U.S. District Judge James Hendrix to intervene and block any such actions, saying the government is again moving too quickly without allowing due process.
The ACLU obtained the notice some Venezuelan migrants have received to inform them of the government’s plan to deport them via the Alien Enemies Act.
— Camilo Montoya-Galvez (@camiloreports) April 18, 2025
This notice was signed by an official today but the migrant refused to sign it.
ACLU now says deportations could start tonight. pic.twitter.com/n0q1kNIrsZ
The Trump administration, which had paused such deportations after legal challenges in March, is now pushing ahead again. In one of the most controversial instances, more than 130 Venezuelan migrants were deported last month to El Salvador, accused of being members of the Tren de Aragua gang. Legal advocates and families say many of the individuals had no ties to organized crime and were denied any opportunity to defend themselves.
That episode prompted a nationwide legal backlash, with Judge James Boasberg in Washington, D.C., blocking further removals and opening an investigation into whether the administration violated his order. Boasberg has warned that federal officials could face contempt charges if they defied the injunction. The Justice Department has since asked an appeals court to pause Boasberg's probe.
When asked about the resumed deportations on Friday, former President Donald Trump distanced himself from the specific case but offered his support in principle. "If they're bad people, I would certainly authorize it," Trump said. "That's why I was elected. A judge wasn't elected."
Meanwhile, Assistant Secretary for Homeland Security Tricia McLaughlin declined to confirm operational details, citing national security concerns, but stated, "We are complying with the Supreme Court's ruling."
Legal groups across the country are urging the government to establish a minimum 30-day notice period to allow migrants time to file challenges and seek legal representation. As of now, the administration has not disclosed how much warning detainees will receive before being removed.
The revived use of the Alien Enemies Act has further escalated tensions between the executive branch and the judiciary. Judges in several states, including Massachusetts and Maryland, are currently reviewing whether federal officials have violated earlier orders related to immigration enforcement.
In one high-profile case, Senator Chris Van Hollen of Maryland visited Kilmar Abrego Garcia, a Salvadoran man allegedly deported in error and now held in a high-security prison in El Salvador. His lawyers deny any gang affiliation and accuse the U.S. government of making false claims to justify the deportation.
With legal pressure mounting, critics say the administration's reliance on a centuries-old law to carry out modern deportations is a deliberate attempt to bypass standard immigration protections. For the Venezuelan migrants still awaiting their fate in Texas, the legal uncertainty is becoming increasingly urgent—and dangerous.
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