2 Federal Judges Block Alien Enemies Act Deportations

Rulings are a response to SCOTUS decision
Posted Apr 9, 2025 2:10 PM CDT
2 Federal Judges Block Deportations to El Salvador
The relatives of Venezuelan migrants who were flown to a prison in El Salvador by the US government protest outside of the United Nations building in Caracas, Venezuela, Wednesday, April 9, 2025.   (AP Photo/Ariana Cubillos)

Two federal judges—one in Texas, one in New York—have temporarily blocked the Trump administration from deporting Venezuelan migrants to El Salvador under the Alien Enemies Act. The rulings were issued in response to Monday's Supreme Court decision that allowed deportations under the 18th-century wartime law, but said migrants must have a chance to challenge their deportation before they are removed from the US, the New York Times reports. In Manhattan, US District Judge Alvin Hellerstein said any Venezuelan migrants in his district would have the opportunity for a hearing before they are deported under the law. "It seems to me that people need to be protected," he said.

In Brownsville, Texas, US District Judge Fernando Rodriguez blocked the deportation of Venezuelans being held at a detention center near the border until at least April 23. Both rulings came after civil liberties lawyers brought lawsuits seeking class action status for those facing deportation under the Alien Enemies Act, the AP reports. ACLU lawyers said the plaintiffs, two men in New York and three in Texas, were identified as Tren de Aragua gang members by ICE's "Alien Enemy Validation Guide," which critics say is unreliable, with points tallied based on attributes including tattoos and manner of dress.

In the New York case, the ACLU sued on behalf of two men being held in an Orange County detention center who had been protected from deportation by an order from US District Judge James Boasberg issued the same day that President Trump invoked the Alien Enemies Act last month, reports Reuters. Boasberg's order is defunct under the Supreme Court ruling, which requires migrants to challenge the deportation process in the places they are being held. The ACLU argues that Trump is unlawfully using the wartime law because the presence of gang members in the US doesn't constitute an "invasion," the Times reports. The Supreme Court did not address that issue in its Monday ruling. (More deportation stories.)

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