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Legal Battle Intensifies Over Trump Administration's Planned Deportations Under 1798 Law

The ACLU and federal courts grapple with the administration's use of the Alien Enemies Act as deportations of Venezuelan detainees loom, raising due process and human rights concerns.

U.S. District Judge James Boasberg, chief judge of the United States District Court for the District of Columbia, stands for a portrait at E. Barrett Prettyman Federal Courthouse in Washington, March 16, 2023.
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U.S. Supreme Court Justice Elena Kagan sits on a panel at the 2024 Ninth Circuit Judicial Conference in Sacramento, Calif., Thursday July 25, 2024.

Overview

  • The Trump administration reserves the right to deport Venezuelan detainees under the Alien Enemies Act, with potential flights from Texas as early as Saturday, despite no immediate plans confirmed by DHS.
  • The ACLU has filed emergency petitions with the Supreme Court and Fifth Circuit to stop deportations, arguing detainees lack adequate notice or a realistic chance to contest their removal.
  • A federal judge in Washington, D.C., declined to block deportations, citing jurisdictional limits imposed by a recent Supreme Court ruling requiring challenges to be filed locally.
  • Migrants at the Bluebonnet Detention Center report being given English-only notices labeling them as gang members and facing removal within 24 hours, raising concerns about compliance with due process requirements.
  • Previous deportations sent Venezuelans to El Salvador’s CECOT prison, sparking international criticism over alleged misclassification of detainees and harsh detention conditions.