(NEW YORK) — A federal judge in New York is set to hear arguments Tuesday after he temporarily ruled that detained migrants being held in the Southern District of New York could not be deported without due process.
U.S. District Judge Alvin Hellerstein ruled earlier this month that several alleged Venezuelan gang members could not be deported under the Alien Enemies Act without them first receiving notice and an opportunity for a hearing.
The Trump administration last month touched off a legal battle when it invoked the Alien Enemies Act — an 18th century wartime authority used to remove noncitizens with little-to-no due process — to deport two planeloads of alleged migrant gang members to the CECOT mega-prison in El Salvador by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.
An official with the U.S. Immigration and Customs Enforcement acknowledged that “many” of the men lack criminal records in the United States — but said that “the lack of specific information about each individual actually highlights the risk they pose” and “demonstrates that they are terrorists with regard to whom we lack a complete profile.”
The U.S. Supreme Court, in a 5-4 decision earlier this month, allowed the Trump administration to resume deportations of alleged migrant gang members under the Alien Enemies Act — but said detainees must be given due process to challenge their removal.
Judge Hellerstein, in his temporary order blocking the deportations, suggested his decision was meant to define the parameters of the Supreme Court’s opinion.
The relief Hellerstein granted is limited to approximately a dozen migrants currently detained in a few New York counties.
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