- Two federal courts rule Trump administration misapplied 1798 Alien Enemies Act
- Judges find no evidence of 'invasion' required for wartime deportation powers
- 500+ Venezuelans face removal without standard due process protections
- Supreme Court allows deportations but mandates individual legal challenges
- Next hearing scheduled May 21 in New York federal court
In a landmark rebuke of presidential authority, U.S. District Judge Alvin Hellerstein joined a Texas colleague this week in blocking the Trump administration's controversial use of the Alien Enemies Act to deport alleged gang members. The 225-year-old statute, last invoked during World War II, allows summary removals during formal wars or invasions - conditions both jurists say remain unproven.
Legal analysts note this marks the first time courts have constrained the act's application since its 1798 passage. Hellerstein's 43-page opinion systematically dismantles White House claims that Venezuelan migrants constitute an invading force: 'Migration patterns driven by economic collapse fundamentally differ from hostile military actions,' the Clinton appointee wrote.
The rulings carry immediate implications for 527 detainees identified as Tren de Aragua affiliates. Unlike standard immigration proceedings, AEA cases deny access to asylum claims, bond hearings, and evidentiary review. Homeland Security data shows 84% of recent AEA targets originated from Venezuela's collapsed prison system.
Regional experts warn the administration's approach risks destabilizing Central America. 'Dumping 200+ suspected gang members in El Salvador without coordination ignores 2023's CECOT security reforms,' said San Salvador-based analyst María Flores, referencing the Terrorism Confinement Center opened last April. Salvadoran authorities report 38% recidivism rates among U.S.-deported offenders.
Justice Department attorneys maintain the rulings endanger national security. 'Tren de Aragua operates in 14 states with 5,000+ members,' argued DHS Secretary Chad Wolf during Thursday's press briefing. 'We're facing a hybrid threat combining drug trafficking, cybercrime, and political destabilization tactics.'
Civil rights advocates counter that due process safeguards remain essential. 'Labeling migrants 'enemy combatants' because they fled Venezuela's Maduro regime creates dangerous precedents,' ACLU attorney Lee Gelernt told reporters. The organization represents 73 AEA detainees, including a Miami landscaper mistakenly identified through tattoo analysis.
With conflicting rulings in New York and Texas, legal scholars predict accelerated Supreme Court review. Columbia Law's Matthew Waxman notes: 'The Court's 5-4 stay last month balanced executive authority with procedural rights. These injunctions force clarification of what 'invasion' means in modern contexts.'