Two judges in Texas and New York have temporarily blocked the U.S. government from deporting Venezuelans detained in those states while their legal representatives challenge the Trump administration’s use of a seldom-used law that allows presidents to detain and deport noncitizens during wartime.
The legal actions were taken after civil rights attorneys sought to defend five men labeled by the government as members of the Tren de Aragua gang, a claim disputed by their lawyers. The judges ruled that others in similar situations in their jurisdictions would also be protected from deportations under the Alien Enemies Act.
These rulings follow the U.S. Supreme Court’s decision on Monday allowing the administration to resume deportations but requiring deportees to have an opportunity for due process before removal.
The lawsuits did not address the constitutionality of the act, with the ACLU seeking a ruling on its legality in Texas. Although the U.S. is not at war with Venezuela, the Trump administration argues that the country is being invaded by members of the Tren de Aragua gang.
Immigration authorities have already deported over 100 individuals to a prison in El Salvador without allowing them to challenge their removals in court.
Civil rights lawyers filed suits on behalf of three men in Texas and two in New York, seeking class action status to impact others facing similar deportations. The ACLU is pushing for a temporary restraining order to keep their clients in the U.S. and to challenge the use of the Alien Enemies Act.
Judge Fernando Rodriguez Jr. issued a temporary restraining order in Texas, while Judge Alvin K. Hellerstein in New York planned to sign a similar order to halt deportations during legal proceedings.
The cases involve two Venezuelan men facing deportation under the Alien Enemies Act. The ACLU is advocating district by district and may seek a nationwide injunction in the future.
The Alien Enemies Act, rarely used in history, has been invoked by the administration to justify deportations of alleged gang members. The ACLU argues that the method used to identify gang affiliation is unreliable.
The administration intends to expand the use of the law to target members of the MS-13 gang, as announced by acting ICE director Todd Lyons.
Neumeister reported from New York.
