Five Venezuelans facing uncertain future as court intervention blocks removals under rarely invoked wartime law. The US government’s attempt to deport the men, accused of belonging to a gang, has been halted by federal judges in Texas and New York.
The US government’s attempt to remove five Venezuelans from the country has been blocked by federal judges in Texas and New York. The men, who are accused of belonging to a gang, were detained under a rarely invoked law that gives the president the power to imprison and deport noncitizens in times of war.
The Alien Enemies Act, which has only been used three times in the past, was invoked by the Trump administration to justify the removals. However, civil liberties lawyers argue that the law is unconstitutional and that the government’s method for identifying gang members is unreliable. The ACLU had requested a temporary restraining order to keep their petitioners in the US and for the judge to declare the Alien Enemies Act unlawful.
The Alien Enemies Act is a US federal law passed in 1798, allowing the President to detain and deport foreign nationals deemed enemies of the United States.
This act was part of the 'Alien and Sedition Acts' , a series of laws aimed at restricting civil liberties during times of war or national crisis.
The law gave the President broad authority to define who constitutes an 'alien enemy', leading to concerns about executive power and individual rights.
Judge Fernando Rodriguez Jr signed a temporary restraining order in Texas, while Judge Alvin K Hellerstein said he planned to sign a similar order in New York. The actions came after the ACLU sued on behalf of the Venezuelans who are at risk of removal from the US under the Alien Enemies Act.
The Alien Enemies Act has only been used three times in the past, during the war of 1812, the first world war, and the second world war, when it was used to justify the mass internment of people of Japanese heritage while the US was at war with Japan. The United States is not at war with Venezuela, but the Trump administration has argued that the US was being invaded by members of the Tren de Aragua gang.
The use of the Alien Enemies Act to deport Venezuelans has raised concerns among civil liberties groups and experts. The ACLU had requested a temporary restraining order to keep their petitioners in the US, citing the lack of due process and the potential for abuse. The case is ongoing, with a hearing set for April 22 in New York.
The Trump administration has already deported over 100 people without letting them challenge their removals in court. The supreme court allowed the administration to use the wartime law to deport Venezuelans accused of being gang members, but also ruled that they must be given the chance to legally fight any deportation orders.
The Trump administration, led by President Donald Trump from 2017 to 2021, implemented several key policies across various sectors.
In economics, the administration oversaw a significant corporate tax cut and rolled back several Obama-era regulations.
In foreign policy, the administration withdrew from international agreements such as the Paris Climate Accord and the Iran nuclear deal.
Additionally, the administration's immigration policies led to increased border security measures and changes to asylum procedures.
