(NEW YORK) — A Trump-appointed federal judge has permanently blocked the Trump administration from detaining, transferring or removing Venezuelans targeted for deportation under the Alien Enemies Act in the Southern District of Texas.
U.S. District Judge Fernandez Rodriguez concluded that Trump’s recent invocation of the Alien Enemies Act “exceeds the scope” of the law.
The ruling only applies to AEA-based deportations and does not prevent the government from detaining or seeking the deportation of the individuals under the Immigration and Nationality Act.
The Trump administration touched off a legal battle in March 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 deported on March 15 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 subsequent 5-4 decision, allowed the Trump administration to resume deportations of alleged Venezuelan gang members under the Alien Enemies Act — but said detainees must be given due process to challenge their removal.
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