Overview

• The Supreme Court recently ruled that deportations under the Alien Enemies Act can proceed but only with advance notice and the opportunity for detainees to file individual habeas petitions.
• Federal judges in Texas and New York extended temporary restraining orders, protecting additional Venezuelans detained in their jurisdictions from deportation pending further legal review.
• The Trump administration invoked the 1798 Alien Enemies Act to deport Venezuelans allegedly linked to the Tren de Aragua gang, despite the U.S. not being at war with Venezuela.
• Legal experts and advocacy groups argue that the procedural requirements for filing habeas petitions create significant barriers for detained migrants to exercise their rights effectively.
• Uncertainty remains over the legal recourse for individuals already deported, with the Justice Department resisting court orders to facilitate the return of one wrongfully deported Venezuelan.