Date : April 08 .2025
The hearings represented the initial legal challenges to the application of the Alien Enemies Act for deporting purported gang members since the Supreme Court lifted a nationwide stay.
On Wednesday, federal judges in various regions of Texas and New York temporarily prevented the Trump administration from utilizing an age-old wartime powers statute to swiftly deport immigrants whom the government claims are affiliated with a Venezuelan gang called Tren de Aragua.
These hearings were the first legal confrontations regarding the Alien Enemies Act's use for deporting alleged gang members following the Supreme Court's removal of a nationwide hold on such removals earlier this week. The majority opinion emphasized that the government could not deport immigrants without providing a hearing—contrary to actions taken on March 15, when over 130 Venezuelan immigrants were sent to a prison in El Salvador. The ruling also stated that immigrants could contest claims of their deportability under the act in the judicial districts where they are being held.
In New York's first case on Wednesday, U.S. District Judge Alvin Hellerstein issued a temporary order mandating that the government notify and provide a hearing opportunity for immigrants facing removal under the act in that district. The judge permitted the lawsuits, referred to as habeas petitions, to move forward as a class-action suit, designating the attorneys who initiated the case, led by the American Civil Liberties Union, to represent the affected individuals.
During the proceedings, Judge Hellerstein voiced concerns regarding the welfare of immigrants if they were expelled without a chance to contest the government’s accusations. In his written decision, he noted that the class-action suit would protect immigrants who might encounter language difficulties and struggle to secure legal representation independently.
“Considering the history, it appears essential to protect individuals and ensure they receive notice before any removal,” Hellerstein stated earlier in court.
Attorneys had also requested that the judge declare Trump’s recent invocation of the Alien Enemies Act unlawful—the first such use since World War II—but Hellerstein opted to postpone that decision for another time. He scheduled a subsequent hearing for April 22. Justice Department lawyers contended in court that the president possesses extensive authority to mandate rapid deportations under the Alien Enemies Act.
Additionally, on Wednesday, U.S. District Judge Fernando Rodriguez Jr., appointed by Trump in Brownsville, Texas, issued a temporary restraining order preventing the government from deporting three Venezuelan immigrants and anyone else detained with them at the El Valle Detention Center in Raymondville who might be subject to deportation under the act. The judge arranged a hearing for Friday to evaluate whether to extend the order, set to expire on April 23, or provide other forms of relief.
Rodriguez also prohibited immigration officers from transporting immigrants outside Willacy County or Cameron County in Texas without a court order.
Attorneys representing the immigrants expressed hope that their legal challenges could ultimately protect as many individuals as possible, although they recognized that the process would be arduous and time-consuming.
In his ruling regarding the Texas case, Rodriguez indicated that he temporarily halted removals because he believed the U.S. government would likely attempt to deport immigrants without a hearing if he did not step in. He also pointed out that it would be challenging, if not impossible, to return them to the U.S. if an error occurred.
He referenced the case of Kilmar Abrego García, a Maryland resident whom the government acknowledged deporting mistakenly back to El Salvador on March 15 as part of a covert operation sending individuals to a Salvadoran prison, where the U.S. is spending $6 million to house them. Among those deported were over 130 alleged members of Tren de Aragua sent to a notorious mega-prison in El Salvador, along with more than 100 others removed under various immigration or federal laws.
It remains unclear what legal basis the government utilized for deporting Abrego García, but officials have.
acknowledged that they deported him despite an existing immigration court order prohibiting such action, as he might encounter persecution from gangs in that nation.
The U.S. government has made unsubstantiated claims that he is a leader of the MS-13 gang. He is currently incarcerated in a facility populated by suspected gang members, and attorneys assert that his life is at risk.
Lawyers from the Justice Department are contesting an order for his repatriation, stating that they cannot return him because he is under the custody of El Salvador.