Federal judges in New York and Texas have intervened to prevent the deportation of Venezuelan men who were likely to be removed under the Trump administration’s application of the Alien Enemies Act. This decision halts the White House’s efforts to deport suspected members of the Tren de Aragua gang, following the Supreme Court’s clearing of the path for their deportations earlier this week.
In one case in Manhattan, lawyers representing two Venezuelan men currently detained in Orange County, New York, successfully argued against their deportations as well as any movement outside the state or country. U.S. District Judge Alvin Hellerstein, appointed by President Clinton, granted temporary relief to the men.
After their arrests, both were initially sent to an ICE detention center in Texas before being relocated to New York. One detainee, aged 21, arrived in the U.S. to flee the violence of Tren de Aragua, while the other, 32, had actively opposed the regime of Venezuelan dictator Nicolas Maduro, according to their legal representatives.
The new Texas case was initiated on behalf of the same Venezuelans who previously contested their potential deportation in Washington, D.C. This initial stay was granted by U.S. District Judge James Boasberg before being overturned by the Supreme Court in a 5-4 ruling on Monday. The Texas case is overseen by Judge Fernando Rodriguez Jr., who was appointed by President Trump during his first term.
Shortly after the habeas petition was submitted, Rodriguez issued an order blocking the Trump administration from transferring or deporting the three Venezuelan men, or any Venezuelan nationals at the El Valle Detention Center in the Southern District of Texas, subject to removal under Mr. Trump’s proclamation.
The temporary order also restricts the Trump administration from moving these migrants outside Willacy County, where the detention facility is located, or the adjacent Cameron County, Texas.
This restraining order from Rodriguez will remain effective until April 23, or until further deliberation. A hearing is scheduled for Friday to evaluate the possibility of extending the order or providing additional emergency relief.
Rodriguez noted in his order that without emergency relief, there is a “substantial likelihood” that federal immigration authorities would proceed to deport the Venezuelan migrants under the Alien Enemies Act.
He stated, “In this case, the court observes that the removal of J.A.V, J.G.G., W.G.H., or any other individual subject to the proclamation, would result in immediate and irreparable harm, preventing those individuals from seeking habeas relief. Additionally, if the United States mistakenly deported someone based on the proclamation, a significant likelihood exists that they may not be able to return.”
Rodriguez also cited the ongoing case of Kilmar Abrego Garcia, a Maryland man arrested last month and deported to El Salvador, where he is currently held in the notorious CECOT prison. A Trump administration official has recognized that Abrego Garcia’s removal to El Salvador was an “administrative error,” but it has been reported that he is currently in custody of the Salvadoran government.
An emergency appeal concerning Abrego Garcia is presently ongoing before the Supreme Court.
Both groups of plaintiffs are striving not only to prevent the deportations of the men filing suit but also to halt all future Venezuelan deportations under this law. They argue that the Trump administration’s enforcement of the law is unconstitutional, given that the U.S. is not at war with Venezuela. They dispute the government’s classification of the plaintiffs as gang members, insisting they have been wrongly accused of connection to the Tren de Aragua gang.
The complaint filed in Texas emphasizes, “Tren de Aragua, a criminal organization, does not constitute a nation or a foreign government and is not part of the Venezuelan government,” claiming that the government’s proof of Tren de Aragua affiliation relies predominantly on unreliable indicators such as tattoos, gestures, symbols, logos, graffiti, and clothing.
The Alien Enemies Act of 1798 has rarely been utilized, only three times during declared wars.
The attorneys in the New York case stated in their habeas petition that the two men “and others similarly situated are now at imminent risk of removal,” under the Alien Enemies Act. They argue that “the government has initiated its summary removals of Venezuelans currently in immigration proceedings, including the petitioners here, without proper judicial oversight.”
The recent cases emerged following the Supreme Court’s approval for the Trump administration to temporarily resume deportations of migrants identified as gang members from Venezuela. However, the court made it clear that any migrants facing removal under the Alien Enemies Act are entitled to due process, stating that as of Monday night, detainees must be informed about their deportation status.
The Supreme Court noted in an unsigned opinion that “notification must be provided promptly and in such a way that allows them to effectively seek habeas relief in the appropriate venue before any removals occur.”
The court also asserted that any claims made by migrants categorized by the administration as covered by Mr. Trump’s proclamation should be handled through habeas corpus procedures in the district where the individuals are held.
While the high court lifted the earlier block on deportations under the statute after the Trump administration deported two planes carrying alleged gang members to El Salvador under the Alien Enemies Act, it affirmed that these individuals are entitled to judicial review. Multiple courts found that over 230 migrants sent to El Salvador in March did not receive any judicial review and are currently detained in a maximum-security prison there.
