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 held in immigration detention centers without due process. These rulings were made in response to the administration invoking the Alien Enemies Act to deport individuals held in specific detention centers, alleging their membership in a gang from Venezuela. The judges’ decisions came after the Supreme Court allowed the administration to deport alleged gang members under the act but stated that detainees should be able to challenge their detentions in court. The ACLU filed habeas petitions in Texas and New York on behalf of Venezuelan detainees to prevent their deportations without proper legal proceedings. The Texas judge blocked the removals of specific plaintiffs and anyone identified for removal under the president’s proclamation at the El Valle Detention Center. In New York, the judge ordered that migrants must receive adequate notice and an opportunity to challenge deportation allegations in court. The Alien Enemies Act, not used since World War II, allows the president to detain noncitizens during wartime. Additionally, a federal judge in Maryland ordered the return of a U.S. resident with protected legal status who was erroneously deported to El Salvador. These legal battles highlight concerns about due process and the application of the Alien Enemies Act in deportation cases involving alleged gang members.
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