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Judges Expand Protections for Venezuelans Facing Deportation Under Alien Enemies Act

Federal courts in Texas and New York broadened restraining orders, limiting the Trump administration's ability to deport Venezuelans accused of gang ties without due process.

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A man crosses a jet bridge as Venezuelan migrants arrive on a flight after being deported from the United States, at the Simon Bolivar International Airport in Maiquetia, Venezuela on March 30, 2025.

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.