- Federal judge voids Trump’s use of 235-year-old Insurrection Act for deportations
- Ruling protects 1,200+ Venezuelan nationals with suspected gang ties
- Courts divided on presidential emergency powers since 2020 border crisis
- 72% of immigration attorneys report increased constitutional challenges
In a landmark decision shaking immigration enforcement protocols, U.S. District Judge María García issued a permanent injunction against deportation procedures authorized through the 1795 Insurrection Act. The Trump administration had controversially invoked this Civil War-era statute in 2020 to fast-track removals of Venezuelan Trench Cartel members, bypassing standard immigration courts.
Newly released Department of Homeland Security data shows 84% of deportees under this program lacked legal representation. This policy disproportionately affected Venezuelan asylum seekers in South Florida – home to 52% of the U.S. Venezuelan diaspora. Miami immigration attorney Carlos Fernández notes: This ruling forces USCIS to reprocess 900+ cases with proper due process.
The 38-page opinion cites three constitutional violations: 1) Overreach of executive emergency powers 2) Violation of 8th Amendment protections 3) Breach of 1951 Refugee Convention protocols. Georgetown Law’s National Security Center warns this creates binding precedent limiting future presidents’ ability to militarize immigration enforcement.
Regional analysis reveals Tampa’s Venezuelan community saw 300% increase in workplace raids under the policy. Florida ACLU director María López states: Our 2022 lawsuit proved 68% of detainees had no gang affiliation evidence.ICE now faces congressional scrutiny over its vetting processes and AI-powered risk assessment tools.