Second judge blocks Trump administration’s use of Alien Enemies Act to remove certain migrants

Washington — A federal judge on Tuesday blocked the Trump administration from deporting noncitizens detained in the Southern District of New York under President Trump’s proclamation invoking the wartime Alien Enemies Act.

U.S. District Judge Alvin Hellerstein said in a 22-page decision that the president’s March proclamation ordering the summary removal of Venezuelan migrants exceeded the scope of the Alien Enemies Act, an 1798 law that the Trump administration has relied on to deport noncitizens that his administration claims are part of the gang Tren de Aragua.

The Alien Enemies Act gives the president the power to detain and deport migrants when there is a declared war between the U.S. and a foreign nation, or when there is an “invasion” or “predatory inclusion” against the U.S. by a foreign nation or government.

But Hellerstein, appointed by President Bill Clinton, said that the Trump administration failed to demonstrate the existence of a war, invasion or predatory incursion. Because of that, the Alien Enemies Act “was not validly invoked by the presidential proclamation,” he wrote.

Hellerstein is the second federal judge to bar Trump administration officials from using the proclamation invoking the 1798 law to remove certain Venezuelan migrants at risk of deportation. 

Challenges to Mr. Trump’s use of the Alien Enemies Act have been filed throughout the country in response to a Supreme Court decision last month that allowed removals under the law. But the high court said that Venezuelan migrants covered by the declaration are entitled to notice and the opportunity to challenge their confinement and removal under the Alien Enemies Act through habeas corpus proceedings brought in the district where they are being detained.

This is a developing story and will be updated.