US judge in Texas blocks Trump deportations under Alien Enemies Act
Two federal judges in Texas and New York have taken a stand against the Trump administration’s use of the Alien Enemies Act to deport Venezuelan nationals. This legal battle has sparked controversy over the administration’s use of a wartime immigration law to immediately deport certain migrants.
In Brownsville, Texas, U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, granted a temporary restraining order on behalf of three Venezuelan nationals. The order blocks their removal under the AEA, as well as the removal of any other individuals claimed to be subject to removal under the Proclamation. Rodriguez emphasized that allowing the law to be used for their deportations would cause immediate and irreparable harm to the individuals, who may be unable to seek habeas relief. He also highlighted the risk that these individuals may not be able to return to the United States if deported.
In a separate case in New York, U.S. District Judge Alvin Hellerstein, a Clinton appointee, sided with two Venezuelan nationals who are at imminent risk of removal without proper notice. While Hellerstein’s ruling did not directly address the legality of using the Alien Enemies Act for deportation, it temporarily blocks the law from being used to remove these individuals.
These rulings come after a Supreme Court decision that lifted a lower court’s restraining order, allowing the Trump administration to resume using the Alien Enemies Act with new due process protections for migrants. The high court mandated that individuals facing deportation must have the opportunity to challenge their removal in a U.S. court, but the proceedings must take place in the federal jurisdictions where detainees are held.
Immigration advocates have raised concerns about the use of the Alien Enemies Act in peacetime against individuals who are not foreign terrorists. The ACLU, representing the plaintiffs in these cases, argued that the law is a military authority not meant for use against non-threatening individuals.
In granting the temporary restraining orders, both judges emphasized the need to maintain the status quo to allow for a fuller legal record to be developed. They also highlighted the risk of irreversible harm if individuals are erroneously removed from the United States based on the Proclamation.
The legal battle over the use of the Alien Enemies Act in immigration enforcement continues to unfold, with both sides presenting strong arguments in defense of their positions. The outcome of these cases could have far-reaching implications for the administration’s immigration policies and the rights of individuals facing deportation.
