2nd judge rules Trump’s use of Alien Enemies Act for deportations is unlawful

On Tuesday, a federal judge in New York made a significant ruling regarding the Trump administration’s use of the Alien Enemies Act. The judge declared that the act was not validly invoked by the administration when it decided to deport alleged members of the Tren de Aragua gang. This marks the second time a judge has deemed the administration’s use of the AEA unlawful.

The ruling came from U.S. District Judge Alvin Hellerstein, who granted a preliminary injunction in the case of two plaintiffs identified by their initials, GFF and JGO. These individuals were pulled off planes to El Salvador and transferred back to New York from Texas, where they had been detained on suspicion of being associated with the Venezuelan Tren de Aragua gang.

This decision follows a previous ruling by a Trump-appointed federal judge in Texas, who permanently blocked the administration from detaining, transferring, or removing Venezuelans targeted for deportation under the Alien Enemies Act in the Southern District of Texas. The judge stated that the administration’s use of the AEA exceeded the scope of the law.

The Trump administration has been using the Alien Enemies Act, an 18th-century wartime authority, to deport alleged migrant gang members by arguing that Tren de Aragua is a “hybrid criminal state” invading the United States. However, Judge Hellerstein expressed concerns about the lack of due process in these cases.

In his opinion, Hellerstein stated that GFF and JGO had not been given proper notice of the allegations against them or the opportunity to challenge their removal. He emphasized that without sufficient proof, individuals cannot be subject to removal based solely on the executive’s dictate, violating both the AEA and constitutional requirements of due process.

Furthermore, Hellerstein also questioned the justification for invoking the Alien Enemies Act, stating that there was no evidence to support the claim that refugees migrating from Venezuela or Tren de Aragua gang members posed a threat of invasion or predatory incursion.

As a result of this ruling, Judge Hellerstein scheduled a hearing for May 21 to further address the matter and ensure that proper legal procedures are followed in cases involving the Alien Enemies Act. This decision highlights the importance of upholding due process rights and ensuring that individuals are treated fairly under the law.