In a significant legal confrontation, U.S. District Judge Alvin Hellerstein in New York questioned President Donald Trump’s recent application of the Alien Enemies Act, which has been used to deport alleged gang members among migrants without offering them due process.
During a hearing on Tuesday, Judge Hellerstein extended a previous order from April 9 that temporarily prevents the deportation of detained migrants in the Southern District of New York without due process protections.
The Trump administration’s invocation of the 18th-century wartime authority stirred a legal battle surrounding the deportation of two flights worth of alleged gang members to the CECOT mega-prison in El Salvador. The administration labeled the Venezuelan gang Tren de Aragua as a “hybrid criminal state” reportedly invading the U.S.
A representative from U.S. Immigration and Customs Enforcement acknowledged that many individuals deported on March 15 did not have prior criminal records in the U.S. However, the official emphasized that the lack of specific information on these men underscored the risks they allegedly posed. Authorities have used tattoo markings as a criterion for identifying these individuals as gang members.
“This is the United States of America,” Judge Hellerstein stated emphatically during the hearing, criticizing the practice of deporting people based solely on their tattoos.
Furthermore, the judge expressed disapproval towards a lawyer from the Department of Justice, who characterized due process as a “flexible standard.” Judge Hellerstein rebutted, asserting, “The law is clear: If you are kicking out a person, you give them an opportunity to defend themselves. You can’t kick someone out by guilt by association.”
Judge Hellerstein also hinted at serious reservations regarding the legality of Trump’s use of the Alien Enemies Act. He articulated his concerns about the practice of sending migrants to El Salvador, suggesting they could face inhumane conditions there. “This proclamation is contrary to the law,” he remarked, indicating a strong stance against the administration’s actions.
The relief granted by Judge Hellerstein currently applies to about a dozen migrants detained in various New York counties.
Meanwhile, in Colorado, U.S. District Judge Charlotte Sweeney issued her own temporary order on the same day, barring the Trump administration from using the Alien Enemies Act to deport noncitizens currently situated in the state. Judge Sweeney’s ruling mandates that individuals subject to deportation under this act receive a minimum of three weeks’ notice prior to being removed.
In her order, Judge Sweeney criticized the administration’s attempts to deport two men, deeming their removal process “deficient and fails to comport with due process.” She pointed out that the notices provided by the Trump administration lacked sufficient time for the affected parties to respond adequately and were only printed in English.
The judge expressed profound concerns over whether the petitioners would receive adequate notice that aligns with due process standards, allowing them to contest the decisions made against them.
Judge Sweeney also raised doubts regarding the legality of Trump’s proclamation invoking the Alien Enemies Act, suggesting that the plaintiffs were likely to demonstrate that it violates the Immigration and Nationality Act as well as humanitarian protections.
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