U.S.

Court Showdown Looms Over Trump’s Controversial Alien Enemies Act Deportations

Court Showdown Looms Over Trump’s Controversial Alien Enemies Act Deportations
deportation
ACLU
asylum
Key Points
  • NY federal court could halt all Alien Enemies Act deportations after Wednesday hearing
  • Over 130 deportees disappeared after March 15 removals to Salvadoran prisons
  • ACLU argues 223-year-old law requires congressional war declaration to activate

In a dramatic legal reversal, U.S. District Judge Alvin Hellerstein will hear arguments today about suspending one of the Trump administration’s most aggressive immigration enforcement tools. This comes just days after Supreme Court justices declined to intervene, effectively greenlighting accelerated deportations targeting Venezuelan nationals.

The case centers on two asylum seekers detained in New York who face transfer to El Salvador’s notorious Tecoluca prison complex. Government attorneys claim both men have ties to Tren de Aragua – a criminal network they’ve controversially designated as a hybrid state actorunder the Alien Enemies Act of 1798.

Legal analysts note three unprecedented aspects of this enforcement strategy:

  • First wartime use of AEA against non-state actors
  • Deployment against Venezuelans despite no formal conflict
  • Bypass of standard immigration courts

A regional case study reveals why activists are sounding alarms. El Salvador’s Center for the Compulsory Housing of Terrorism (CECOT) has documented 147 cases of prisoner abuse since 2023 according to Human Rights Watch. The facility’s 2025 expansion was partially funded through U.S. security aid earmarked for regional gang enforcement.

“This isn’t immigration policy – it’s extraordinary rendition rebranded,” argues Columbia Law professor Emily Torres. Her recent analysis shows only 12% of AEA deportation targets since 2020 received legal counsel before removal.

The ACLU’s 32-page brief emphasizes historical precedent: The Alien Enemies Act was last invoked en masse during WWII against Japanese nationals. Even then, deportees received military tribunal hearings – a due process safeguard missing from current procedures.

As dawn broke over Orange County Detention Center, attorneys worked feverishly to prevent their clients’ transfer. Both men’s asylum claims remain pending, with one alleging persecution for LGBTQ activism under Maduro’s regime. Their emergency stay request argues that removal to third-party nations violates Article 3 of the UN Convention Against Torture.

With 287 additional Venezuelans reportedly slated for imminent deportation, this case could determine whether the Trump administration can weaponize 18th-century legislation against 21st-century migration patterns. The ruling’s implications may reshape presidential authority for decades to come.