(NEW YORK) — A federal judge in New York ruled Tuesday that the Alien Enemies Act “was not validly invoked” by the Trump administration when it opted to deport alleged Tren de Aragua members, marking the second time a judge has deemed the administration’s use of the AEA unlawful.
U.S. District Judge Alvin Hellerstein on Tuesday granted a preliminary injunction in the case of two plaintiffs identified by their initials, G.F.F. and J.G.O, who were pulled off planes to El Salvador and transferred back to New York from Texas, where they had been detained on suspicion of alignment with the Venezuelan Tren de Aragua gang.
The Trump administration has invoked the Alien Enemies Act — an 18th century wartime authority used to remove noncitizens with little-to-no due process — to deport alleged migrant gang members by arguing that Tren de Aragua is a “hybrid criminal state” that is invading the United States.
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