Two Judges 2000 Miles Apart Rule that Alien Enemies Act Cannot Be Used to Deport Venezuelans

Federal District Court Judge Alvin K. Hellerstein in New York and District Court Judge Charlotte N. Sweeney in Colorado separately ruled that Donald Trump cannot use the Alien Enemies Act of 1798 against Venezuelans he accuses of association with the Tren de Aragua gang.

Hellerstein’s ruling stepped up a previous temporary restraining order. He issued a preliminary injunction saying the gang is not a sovereign nation attempting an invasion or predatory incursion into the USA. He wrote, “TdA may well be engaged in narcotics trafficking, but that is a criminal matter, not an invasion or predatory incursion.” His ruling bars use of the AEA to against Venezuelans in his New York jurisdiction.

Later in the day, Sweeney ruled similarly. She expanded on an earlier order to block expulsion of Venezuelans accused of being in TdA. Her ruling is effective in her Colorado jurisdiction.

Lawyers defending Trump’s executive order said Trump’s declaration that the gang is a foreign invader cannot be challenged by anyone. Sweeney said that idea “staggers. It is wrong as a matter of law and attempts to read an entire provision out of the Constitution.”

These are the second and third District Court rulings that flatly declare there is no legitimacy in Trump’s use of the Alien Enemies Act and bar its use to expel people from their jurisdictions. The first was issued in South Texas.

Hellerstein specifically stipulated that Trump cannot use the Alien Enemies Act to bypass legal processes Congress laid out for deportations. Trump and his subordinates complain about being required to provide due process for people they say have not complied with immigration laws.

Cases against Trump’s use of the Alien Enemies Act are ongoing in multiple jurisdictions. Although the Supreme Court said people targeted using the AEA have a right to file a legal challenged, the Court specified that people detained under the Alien Enemies Act must file their legal challenges in the jurisdiction where they are being held and slapped down an attempt by a District Court judge to issue an order with nationwide scope restraining use of the AEA.

The Supreme Court had to intervene again, in a remarkable ruling issued around 01:00 to block deportations from northern Texas of people who did not get a reasonable opportunity to file in court. Buses taking them to an airport were turned around in the middle of the night due to the Supreme Court’s intervention.

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