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Federal Judges Reinforce Blocks on Trump Administration’s Alien Enemies Act Deportations

Recent rulings challenge the constitutionality of warrantless searches and deportations under the 1798 wartime law, halting removals and releasing detainees.

Senior U.S. District Judge David Briones spoke following the unveiling of his painting Monday afternoon at the U.S. Courthouse in Downtown El Paso.
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FILE - Venezuelan migrants board a plane heading back to their home country from Harlingen, Texas, on Wednesday, Oct. 18, 2023. (AP Photo/Valerie Gonzalez, File)

Overview

  • Federal judges in Texas, Colorado, and New York have issued temporary restraining orders blocking deportations of Venezuelan migrants under the Alien Enemies Act.
  • A Justice Department memo revealed directives allowing warrantless home searches and denying detainees judicial review, sparking legal and constitutional challenges.
  • The Supreme Court ruled detainees are entitled to due process, including judicial review and habeas corpus rights, before deportations occur.
  • U.S. District Judge David Briones ordered the release of a Venezuelan couple, citing insufficient evidence of their alleged gang affiliation and ruling their detention unlawful.
  • The Trump administration’s unprecedented peacetime invocation of the Alien Enemies Act faces mounting judicial scrutiny over its alignment with constitutional protections.