Another Judge Halts Trump's Use of Alien Enemies Act Against Some Migrants

A federal judge has intervened to stop the Trump administration's efforts to expel noncitizens detained in New York under the premise of a presidential proclamation that draws upon the Alien Enemies Act of 1798.

In a detailed decision, U.S. District Judge Alvin Hellerstein criticized President Trump's directive, which aimed at the rapid removal of Venezuelan nationals purportedly linked to the Tren de Aragua gang. Judge Hellerstein noted that this action went beyond the authority granted by the 1798 statute.

The Alien Enemies Act empowers the president to detain or deport foreign nationals when the United States is in a state of war or faces direct threats such as invasions or hostile infiltrations.

Judge Hellerstein, who was appointed under President Bill Clinton, determined that the administration had not sufficiently demonstrated the presence of a war, invasion, or significant threat, thereby rendering the use of the Alien Enemies Act inappropriate.

Hellerstein is not alone in his decision; he is the latest of two judicial figures to oppose the application of the ancient 1798 law in this context, particularly concerning Venezuelans who face possible deportation.

Legal challenges against Trump's reliance on the Alien Enemies Act have been lodged nationwide, partly in response to a recent Supreme Court decision. The Court emphasized that Venezuelans named in the executive order deserve formal notice and an opportunity to legally contest their detention and potential removal through habeas corpus petitions in the jurisdiction of their detainment.