Second Judge Blocks Trump's Use of Alien Enemies Act for Deportations

Multiple federal judges have ruled against the Trump administration’s use of the 18th-century Alien Enemies Act to expedite the deportation of Venezuelan migrants alleged to be members of the Tren de Aragua gang. Judge Alvin Hellerstein in New York found that the administration failed to demonstrate a state of war, invasion, or predatory incursion as required by the statute, and noted that gang activity such as narcotics trafficking is criminal, not an act of war. These rulings, including similar decisions in Texas and Colorado, emphasize that the Alien Enemies Act cannot be used to bypass due process protections for migrants and that the law was not validly invoked in these cases. Migrants can still be deported under existing immigration laws, but not through the expedited procedures of the Alien Enemies Act. The Supreme Court has allowed removals under the Act but clarified that detainees must have notice and the opportunity to challenge their detention and removal in the relevant district courts. The decisions represent a significant judicial setback for the Trump administration’s aggressive deportation strategy.