Two federal judges in Texas and New York issued orders temporarily blocking the Trump administration’s use of the Alien Enemies Act to deport people from immigration detention centers without due process. U.S. District Judge Fernando Rodriguez Jr. in Texas blocked the removal of individuals subject to President Trump’s proclamation invoking the Act in El Valle Detention Center. In New York, District Judge Alvin Hellerstein planned to issue a similar order for migrants held in the Southern District of New York. Trump invoked the Act last month to deport alleged members of the Venezuelan gang Tren de Aragua, leading to deportation without hearings. The ACLU filed habeas petitions in Texas and New York for detainees challenging the Act’s use. The Supreme Court allowed the administration to deport Tren de Aragua gang members but said detainees could challenge their detention. The ACLU’s case in Texas focuses on three Venezuelan plaintiffs in El Valle Detention Center. Judge Rodriguez blocked their removal and that of others in the center under the proclamation. In New York, Judge Hellerstein’s order would apply to less than 10 detainees in the Southern District. The Alien Enemies Act of 1798 allows detention and removal of noncitizens in wartime, last used during World War II, allowing for the detainment of Japanese, German, and Italian descent individuals. The legal questions about the Act’s use by the administration remain unresolved, with concerns over lack of notice to detainees and potential deportations without sufficient legal process. A federal judge in Maryland also ordered the return of a U.S. resident, Kilmar Abrego Garcia, mistakenly sent to an El Salvador prison during the administration’s enforcement of the Alien Enemies Act.
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