Boasberg said the act “does not provide a basis for the president’s proclamation given that the terms invasion, predatory incursion really relate to hostile acts perpetrated by any nation and commensurate to war”.

Under Trump’s proclamation, all Venezuelan citizens 14 years of age or older who are determined to be members of the gang, are within the US, and are not naturalised or lawful permanent residents of the country are “liable to be apprehended, restrained, secured, and removed as Alien Enemies”.

The recent directive said that Tren de Aragua “has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens”.

‘Bigoted, dangerous and profoundly unjust’

“Invoking the Alien Enemies Act, an extraordinary wartime power with a shameful history, to arbitrarily detain and deport immigrants is bigoted, dangerous, and profoundly unjust,” New York Attorney General Letitia James said.

The White House did not immediately respond to a request for comment. Court papers show the government has appealed the judge’s first temporary restraining order.