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Federal Judges Block Trump-Era Deportation Policy Targeting Venezuelan Migrants
In a significant legal setback for the prior administration, a federal judge in Texas delivered a ruling Wednesday, temporarily halting the implementation of the Alien Enemies Act to expel individuals held in a South Texas immigration detention facility. The judge cited concerns regarding the lack of due process afforded to these detainees. Simultaneously, in New York, another federal judge indicated during a hearing his intention to issue a similar injunction, applying to migrants detained within the Southern District of New York. These legal actions represent a challenge to the use of the Alien Enemies Act in contemporary immigration enforcement.
Texas Judge Halts Removals from El Valle Detention Center
U.S. District Judge Fernando Rodriguez Jr., presiding in Brownsville, Texas, issued the order, specifically preventing the removal of any individual detained at the El Valle Detention Center in Raymondville. This order protects those potentially targeted by the presidential proclamation invoking the Alien Enemies Act, a statute typically reserved for wartime deportation procedures.
New York Court Expected to Issue Similar Order
District Judge Alvin Hellerstein in the Southern District of New York announced his plan to issue a temporary restraining order on Wednesday. This order aims to prevent the administration from deporting Venezuelan migrants, identified as potentially removable under the Act, without ensuring proper notification and due process hearings.
NBC News has sought comments from the Justice Department regarding both legal proceedings.
Alien Enemies Act Invoked Against Alleged Gang Members
The previous administration invoked the Alien Enemies Act the prior month, following a declaration that the Venezuelan gang Tren de Aragua constituted an invading force. Since then, immigration authorities have utilized this Act to deport hundreds of individuals, bypassing standard immigration hearings, based on allegations of gang affiliation. Many of those deported have reportedly been sent to a mega-prison in El Salvador, notorious for its severe conditions and documented instances of abuse.
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ACLU Lawsuits Challenge Deportations
Both judicial decisions arose from separate habeas corpus petitions. In Texas, the American Civil Liberties Union and the ACLU of Texas filed the petition, while the ACLU Foundation filed the New York petition. These actions follow a recent Supreme Court decision on Monday, which permitted the administration to proceed with deportations of individuals alleged to be members of the Tren de Aragua gang under the Alien Enemies Act, but stipulated procedural requirements.
The Supreme Court determined that the initial lawsuit, originally filed in Washington, D.C., should have been initiated in the jurisdiction where the plaintiffs were detained. However, the high court also affirmed the plaintiffs’ right to contest their detentions and to challenge the legality of applying the Alien Enemies Act in their cases.
Details of the Texas Lawsuit and Judge’s Order
The ACLU’s Texas lawsuit was initiated on behalf of three Venezuelan nationals currently detained at the El Valle Detention Center. Judge Rodriguez’s injunction specifically prohibits the removals of these named plaintiffs: W.G.H, J.G.G., and J.A.V.
Furthermore, the judge’s order extends beyond the named plaintiffs, preventing the administration from removing any individual currently held at El Valle Detention Center who has been designated by the government for removal under the March 15 presidential proclamation targeting Tren de Aragua members.
Judge Rodriguez also prohibited the transfer or relocation of “such persons” outside of Willacy and Cameron counties in Texas without prior court authorization. This temporary restraining order remains in effect until 5 p.m. on April 23.
Upcoming Hearing to Consider Extension of Order
Judge Rodriguez has scheduled a hearing for 1:30 p.m. on Friday to deliberate on potentially extending the temporary restraining order or issuing further emergency relief measures.
He stated that the order to prevent removals was issued to allow the plaintiffs the opportunity to develop a more comprehensive record for the court’s consideration of their request for a preliminary injunction and other forms of relief. He also emphasized the need to prevent “immediate and irreparable injury” that could result from the swift deportation of any Venezuelan immigrant potentially subject to the president’s invocation of the Alien Enemies Act.
New York Judge Emphasizes Due Process
In the New York case, involving two Venezuelan individuals, Judge Hellerstein indicated on Wednesday that he would issue an order temporarily blocking deportations under the Alien Enemies Act within the Southern District’s jurisdiction.
He stipulated that individuals detained within the Southern District of New York must receive “appropriate” or “proper” notification and be afforded an opportunity to contest the government’s allegations in a court of law.
“Given the history, it appears they require protection and must be given the opportunity before deportation,” Judge Hellerstein stated, highlighting the due process concerns.
Government representatives stated that Judge Hellerstein’s order would affect fewer than ten individuals within the district.
Historical Context of the Alien Enemies Act
The Alien Enemies Act of 1798, a law largely dormant since World War II, grants presidential authority to detain non-citizens during wartime and deport them during invasions or “predatory incursions.” Its most controversial application occurred during World War II when individuals of Japanese descent in the U.S., along with some of German and Italian descent, were interned in camps.
The Supreme Court’s recent decision left several legal questions surrounding the contemporary use of the Alien Enemies Act unresolved, including its applicability to alleged gang members.
ACLU Raises Concerns About Lack of Notice
In its Texas filing, the ACLU highlighted the administration’s failure to clarify the notification procedures it intends to implement.
The ACLU emphasized the problematic nature of this lack of clarity, particularly given the government’s previous stance before the Supreme Court. The government had indicated that if the injunction against deportations were lifted, it would immediately commence deportations without prior notice to the affected individuals, according to the ACLU’s complaint.
In the original lawsuit in Washington, D.C., U.S. District Judge James Boasberg initially blocked the deportations and provisionally certified the case as a class-action lawsuit encompassing all Venezuelan nationals in U.S. custody lacking U.S. citizenship. The Supreme Court’s decision ultimately vacated this order.
The initial case also involved tensions between the administration and Judge Boasberg, who questioned whether administration lawyers disregarded his verbal directive to halt or redirect planes carrying deportees back to the United States.
In a separate but related development, a federal judge in Maryland has mandated the government to repatriate Kilmar Abrego Garcia, a U.S. resident with protected legal status and the parent of a five-year-old son with autism and intellectual disabilities. This order follows the government’s acknowledgement that it mistakenly deported Mr. Garcia to the El Salvador prison.