Federal Judges in New York, Colorado Block Trump's Use of 1798 Alien Enemies Act for Venezuelan Deportations, Citing Due Process

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Published May 7, 2025, 10:11 PM

Federal judges in New York and Colorado have issued rulings against the Trump administration's use of the Alien Enemies Act to deport Venezuelan immigrants. U.S. District Judge Alvin Hellerstein in New York found that the president's proclamation invoking the 1798 law exceeded its scope, as there was no evidence of a war, invasion, or predatory incursion by Venezuela. Similarly, U.S. District Judge Charlotte Sweeney in Colorado granted a preliminary injunction, blocking the administration from detaining or removing migrants in her jurisdiction under the same proclamation. These judicial decisions come in the wake of a ruling by a Trump-appointed judge in Texas, who also found the invocation of the Alien Enemies Act to be unlawful. The rulings challenge the administration's claim that the Venezuelan gang Tren de Aragua is perpetrating an invasion against the U.S., a claim that has been contradicted by a declassified memo from U.S. intelligence agencies. In a related development, U.S. District Judge Stephanie Gallagher in Maryland rejected the Trump administration's request to amend her earlier order requiring the return of a Venezuelan asylum seeker, Daniel Lozano-Camargo, who was deported to El Salvador in violation of a legal settlement. Gallagher emphasized the importance of due process, stating that Lozano-Camargo's removal without a hearing pre-judged the outcome of his case. More than 250 suspected gang members, including 238 members of Venezuela's Tren de Aragua and 23 members of MS-13, were deported to El Salvador on March 16, 2025, and Lozano-Camargo was previously referred to in court documents as 'Cristian'.

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#New York #Colorado #Trump #Alien Enemies Act #Venezuelan #Alvin Hellerstein #Venezuela #Charlotte Sweeney #Texas #Tren de Aragua #Stephanie Gallagher #Maryland #El Salvador #Gallagher #Cristian

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Sources

courtlistener.com(4)abcnews.go.com(3)univision.com(2)washingtontimes.com(2)

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A federal judge in Manhattan blocked a federal government plan to deport Venezuelan gang members under an 18th-century law on Tuesday, May 6, having found no evidence of a “war, invasion, or predatory incursion” in New York. https://t.co/INNRxR1ZrX