In McAllen, Texas, and New York, judges issued temporary orders on Wednesday preventing the deportation of Venezuelans detained in certain areas of these states. The rulings come as lawyers challenge the Trump administration’s reliance on a seldom-used law permitting presidents to deport noncitizens or confine them during wartime.
The decisions made by these judges did not touch on the viability of President Donald Trump’s application of the Alien Enemies Act to deport Venezuelans accused of being members of the Tren de Aragua gang. Importantly, the rulings were limited to immigrants currently in federal custody in these judges’ jurisdictions.
These judicial actions follow a recent U.S. Supreme Court decision allowing the administration to continue deportations under this act. However, the Court mandated that deportees be granted some level of due process, including a reasonable opportunity to plead their case before a judge.
In both states, civil rights attorneys have initiated lawsuits aimed at preventing the deportation of five men who deny affiliations with the Tren de Aragua gang. There are expectations of similar legal challenges emerging in other areas where Venezuelans face detention. The American Civil Liberties Union (ACLU) has urged judges in Texas and New York to assess the legal standing of the administration’s use of the Alien Enemies Act while the country is not officially at war.
Historically, the Alien Enemies Act has been enacted on three occasions: the War of 1812, World War I, and World War II. During WWII, it played a role in the mass internment of individuals of Japanese heritage while the U.S. was in conflict with Japan. Presently, despite not being at war with Venezuela, Trump maintains that the U.S. is under threat from an influx of the Tren de Aragua gang members.
Reports indicate that U.S. immigration officials have already deported over 100 individuals, sending them to a notorious prison in El Salvador without permitting them to contest their deportations in court. Civil liberties lawyers are advocating for individuals detained within Texas and those incarcerated northwest of New York City.
In a Texas court, Judge Fernando Rodriguez Jr. placed a temporary restraining order concerning detainees at the El Valle Detention Center in Raymondville, Texas. Similarly, Judge Alvin K. Hellerstein in New York enacted an order affecting the Southern District of New York, encompassing boroughs like Manhattan and the Bronx and extending to six other counties.
Among the Texas plaintiffs is an HIV-positive individual who fears inadequate access to necessary medical support if deported. Recognized as gang members through the “Alien Enemy Validation Guide,” which accumulates points based on tattoos, hand gestures, logos, graffiti, and dressing, the system’s reliability is questioned by gang study experts, says the ACLU.
The lawsuits appeal for class action status to embrace others facing similar deportation threats. During the hearing in New York, Deputy Attorney General Drew Ensign protested the temporary deportation block. He informed Judge Hellerstein that there were “only a handful” of detained Venezuelans, likely fewer than ten, within New York’s Southern District. Judge Hellerstein opined that this number suffices to form a class, while Ensign dissented.
ACLU attorney Lee Gelernt expressed post-hearing aspirations for a nationwide injunction, which would prevent the need for separate legal challenges across the 96 federal judicial districts. Meanwhile, Acting Immigration and Customs Enforcement Director Todd Lyons announced the administration’s intent to extend these measures to other groups, including the Salvadoran gang MS-13, during a trade show in Phoenix.