Federal Judges Temporarily Halt Deportations of Venezuelans under Alien Enemies Act
Judges in Texas and New York block Venezuelan deportations while due process challenges proceed amid claims of misapplication of wartime law.
The updates follow a 5–4 Supreme Court ruling on Monday that lifted a lower court’s restraining order, allowing the Trump administration to temporarily resume use of the Alien Enemies Act — albeit with new due process protections for migrants.
Federal judges in New York and Texas block Trump deportations after SCOTUS ruling
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But given that the administration has already sent people to El Salvador without due process — as Abrego Garcia’s case leaves open the question of whether wrongly removed people must be returned — these preliminary rulings can be vital.
Trump’s deportation win at the Supreme Court may have been only temporary
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The class action pathway seems like the best remaining available means to ensure they get the due process to which they are entitled under the Constitution.
ACLU Files Habeas Class Action to Block Alien Enemies Act Deportations
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The Supreme Court decision left various legal questions about the use of the Alien Enemies Act undecided, including whether the Trump administration can invoke it against gang members.
Federal judges limit Trump's use of Alien Enemies Act for some deportations
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This comes after the Supreme Court ruled that the Trump administration could continue using the Alien Enemies Act to deport illegal immigrants as litigation plays out in courts.
BREAKING: Texas judge blocks Trump admin from deporting 3 Venezuelan men under Alien Enemies Act
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The ACLU’s Texas lawsuit and habeas petition asks the court to review the legality of the petitioners’ detention and potentially order their release if the detention is found to be unlawful.
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The Alien Enemies Act of 1798 has only been used three times, and all during declared wars.
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The judicial moves were the first to occur after the U.S. Supreme Court on Monday ruled the administration can resume deportations, but deportees must be afforded some due process before they are flown away, including reasonable time to argue to a judge that they should not be deported.
Judges to bar US from using Alien Enemies Act to deport some Venezuelans held in Texas and New York
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Summary
In significant rulings, federal judges in Texas and New York have temporarily barred the deportation of Venezuelans under the Alien Enemies Act. This proactive measure aims to safeguard individuals, particularly those classified as members of the Tren de Aragua gang, who assert their innocence. These decisions stem from a recent Supreme Court ruling mandating due process for deportation cases. Civil rights groups, including the ACLU, are pushing for a broader examination of the Act’s application, which has faced criticisms for being misused. Hearings are ongoing to determine the legality and future implications of these deportations.
Perspectives
Federal judges in Texas and New York have temporarily blocked deportations of Venezuelans accused of gang membership under the Alien Enemies Act, emphasizing the need for due process and allowing challenges to their removals.
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