Judges Block Deportations Under Trump’s Alien Enemies Act \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Federal judges in Texas and New York temporarily blocked the deportation of Venezuelan detainees as courts review the Trump administration’s use of the centuries-old Alien Enemies Act. Civil rights attorneys argue the law is being misapplied and violates due process. The ACLU is pushing for a broader ruling declaring the law unconstitutional.
Quick Looks:
- Judges in Texas and New York halt deportations of Venezuelan men.
- Trump administration using Alien Enemies Act, last invoked during WWII.
- Lawsuits filed by the ACLU argue the law is unconstitutional.
- Deportees linked to gangs via unreliable tattoo-based validation methods.
- Court orders protect detainees in El Valle (TX) and NY’s Southern District.
- Over 100 Venezuelans already deported, some to Salvadoran prisons.
- ICE plans to extend law to MS-13 deportations.
- Supreme Court says deportees must receive basic due process.
Deep Look
Federal courts in Texas and New York are pushing back against the Trump administration’s unprecedented use of the Alien Enemies Act, a centuries-old wartime statute, to deport Venezuelan detainees accused of gang affiliations. Judges issued temporary restraining orders this week, halting removals while legal challenges play out.
The law, enacted in 1798, allows a U.S. president to detain and deport noncitizens from hostile nations during war. It was last widely used during World War II to justify the internment of Japanese Americans. Now, the Trump administration has revived it—but critics argue it’s being applied unlawfully in peacetime and without congressional oversight.
What Triggered the Legal Block?
The rulings stem from lawsuits filed by civil rights attorneys representing five Venezuelan men—three held at El Valle Detention Center in Texas and two in Orange County, New York. Federal authorities claimed the men are members of the Tren de Aragua gang, a designation disputed by their lawyers.
The detainees were allegedly identified using ICE’s “Alien Enemy Validation Guide”, a controversial tool that assigns points based on tattoos, hand signs, clothing, and graffiti. The ACLU, which is leading the legal fight, argues that such profiling methods are unscientific, unreliable, and discriminatory.
One of the plaintiffs, an HIV-positive man, said deportation to Venezuela would deprive him of essential medical care, placing his life at risk.
Judges Push Pause
U.S. District Judge Fernando Rodriguez Jr. in Texas signed a temporary restraining order (TRO) shielding similarly situated detainees at El Valle. In New York, Judge Alvin K. Hellerstein said he would issue a TRO for Venezuelans in the Southern District, covering Manhattan, the Bronx, and surrounding counties.
While these rulings are narrow in geographic scope, they represent the first formal legal resistance to Trump’s new deportation strategy following a U.S. Supreme Court decision earlier this week. That ruling permitted deportations to resume but said due process must be granted first—an essential legal safeguard that the administration has allegedly skipped.
Constitutional Questions Loom
Though neither judge has yet ruled on the constitutionality of the Alien Enemies Act, the ACLU has asked the Texas court to do so. Lee Gelernt, a senior ACLU attorney, told reporters the group is currently pursuing district-by-district protections but will likely seek a nationwide injunction.
“We can’t litigate in 96 jurisdictions simultaneously,” Gelernt said.
“The law’s application in this context is not just outdated — it’s dangerous.”
More Than 100 Already Deported
According to immigration advocates, over 100 Venezuelans have already been deported under the Alien Enemies Act. Many were reportedly sent to El Salvador, where some were transferred to notorious prisons without ever appearing before a U.S. judge. Human rights groups have condemned the practice as a violation of international norms and U.S. civil liberties.
Not Technically at War
One of the most contentious aspects of the administration’s argument is its claim that the U.S. is under “invasion” by Venezuelan gang members — despite the absence of a formal war declaration. Legal scholars say this pushes the Alien Enemies Act far beyond its original intent, which was to deal with foreign nationals during declared military conflicts.
The Trump administration claims members of Tren de Aragua, a Venezuelan gang with transnational reach, pose a national security threat. The same legal tool, officials said, will soon be expanded to cover suspected MS-13 gang members from El Salvador.
What’s Next?
In New York, Judge Hellerstein scheduled a hearing for April 22 to determine whether the TRO should become a preliminary injunction. The Justice Department opposed the move, arguing that “only a handful” of detainees are affected.
But the court wasn’t persuaded.
“Ten individuals is enough for a class,” Hellerstein told Deputy Attorney General Drew Ensign, signaling that even small-scale applications of the law warrant constitutional scrutiny.
The broader legal question remains: Can a president lawfully use an 18th-century wartime law against modern-day detainees from a country with which the U.S. is not at war?
Until courts answer that, the Trump administration’s immigration crackdown continues to face serious judicial and public resistance.
Judges Block Deportations
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