Federal Judges Halt Venezuelan Deportations Under Alien Enemies Act

Federal judges, including those appointed by former President Trump, have recently pushed back on the Trump administration's hardline efforts to rapidly deport Venezuelan migrants, particularly those accused of gang affiliations, using the Alien Enemies Act and other expedited processes. In Maryland, Judge Stephanie Gallagher refused to rescind her order requiring the administration to facilitate the return of a Venezuelan asylum seeker, Cristian, who was deported in violation of a court settlement, emphasizing that due process must be followed regardless of the likely outcome of his asylum claim. Meanwhile, in Pennsylvania, Judge Stephanie Haines questioned whether the administration's practice of giving detainees as little as one day of notice before deportation offers enough time to meaningfully challenge their removal, highlighting concerns over due process. Additionally, Judge Fernando Rodriguez Jr. in Texas ruled that the administration could not unilaterally use the Alien Enemies Act to deport Venezuelan migrants, stating that the president alone could not declare such individuals as 'alien enemies.' These rulings suggest growing judicial resistance to the administration’s attempts to circumvent traditional immigration procedures, especially when due process rights are at stake.