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Federal judges limit the application of the Alien Enemies Act in deportation cases


Family members and lawmakers are calling for the return of Kilmar Abrego Garcia, a Maryland man mistakenly deported to El Salvador. The U.S. Supreme Court recently lifted a temporary order preventing the deportation of alleged Venezuelan gang members under the Alien Enemies Act. The ACLU has been successful in blocking additional deportations of alleged members of the Tren de Aragua gang under this law.

The Trump administration deported 238 Venezuelans to El Salvador last month, claiming they were members of the terrorist organization Tren de Aragua. Lawyers and relatives of these migrants argue they are not gang members and had no chance to contest their deportations. U.S. Homeland Security Secretary Kristi Noem defended the government’s assessment, stating they are confident in their decisions.

The Supreme Court’s ruling led the ACLU to seek orders blocking Alien Enemies Act deportations in federal courts. U.S. District Judges in Texas and New York granted these requests, preventing further deportations through April 23. The judge in New York ordered that any Venezuelan migrant in his district must receive notice and a hearing before deportation under the Alien Enemies Act.

There are currently 258 alleged gang members in immigration proceedings, with fewer than 10 subject to deportation in New York and “many others” in Texas. The ACLU argues that the Alien Enemies Act is not applicable in this case as the presence of Tren de Aragua in the U.S. does not constitute an invasion by a hostile nation. The fate of the 238 migrants deported to El Salvador remains uncertain, with the government claiming they should stay there for the rest of their lives.

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