A second federal judge has ruled that President Trump misapplied the Alien Enemy Law (AEA) to deport Venezuelans suspected of gang affiliations, effectively blocking this approach in New York’s Southern District.
US District Judge Alvin Hellerstein stated on Tuesday that Trump breached the law, which can only be invoked during a declared war or if the US is facing an invasion.
He criticized the administration for offering little opportunity for individuals to contest their alleged connections to the Tren de Aragua gang, noting that the Trump administration failed to adhere to due-process standards mandated during wartime.
Hellerstein remarked on the nature of Tren de Aragua, indicating that while it may be engaged in illicit activities, it does not constitute “war” or “aggression” against the United States. He asserted that the law does not support claims of an “invasion” or “predatory invasion” by refugees or gang members.
The ruling stated, “The President’s declaration exceeds the limits of the AEA.”
Historically, the Alien Enemy Laws have been invoked only three times in the US, including during Japan’s internment in World War II.
Just last week, another federal judge in Texas concluded that Trump’s use of the AEA was unlawful and echoed the sentiment that it cannot be used in relation to gangs.
Hellerstein took time to address the Trump administration’s procedural responsibilities under the AEA, criticizing it for making decisions without adequate transparency to migrants facing indefinite detention.
He emphasized that both the AEA and recent Supreme Court rulings mandate that migrants are given proper notice before being deported.
“Notice is a brief occurrence,” he wrote, explaining that if migrants fail to act swiftly after receiving such notice, ICE may proceed with deportations even if a relief petition is filed, risking their expulsion.
Hellerstein also scrutinized the conditions at CECOT, a notorious prison facility in El Salvador where deported immigrants are sent, emphasizing that these individuals are not taken to their country of origin but rather to a place where they face indefinite detention, without access to legal representation or communication with family.
He warned that without a temporary injunction, migrants would be sent to CECOT to endure mistreatment and inhumane conditions.
