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Federal judges in New York and Texas block deportations of some people challenging the Alien Enemies Act

Flight carrying Venezuelan deportees from US arrives at La Guaira, Venezuela. CNN

Flight carrying Venezuelan deportees from US arrives at La Guaira, Venezuela. CNN

CNN — Federal judges in New York and Texas on Wednesday issued orders to temporarily halt the deportation of Venezuelan plaintiffs in a lawsuit challenging the Trump administration’s use of the Alien Enemies Act – a wartime authority the administration has invoked to deport alleged gang members without due process.

The rulings come in emergency lawsuits the American Civil Liberties Union filed following the Supreme Court’s decision to lift a temporary restraining order challenging President Donald Trump’s use of the Alien Enemies Act of 1798. In its ruling Monday, it also held that people targeted for removal under the act are entitled to challenge their removals and must have meaningful notice and opportunity to do so, spurring the new lawsuits.

In the Texas case, Southern District Judge Fernando Rodriguez Jr., a Trump appointee, instructed the government to not transfer, relocate or remove the plaintiffs or “any other person that Respondents claim are subject to removal from the proclamation.”

The order is set to expire on April 23, and the judge will consider a possible extension following a hearing on Friday.

The plaintiffs in that suit are described in court documents as “Venezuelan men in immigration custody threatened with imminent removal un the President’s Proclamation.” One of the petitioners, identified in court papers by the initials J.A.V. is currently in custody at the El Valle Detention Facility in Texas after being “nearly removed” on March 15.

Attorneys for J.A.V. filed a habeas motion detailing his background, disclosing his HIV-positive status and denying he is a member of a gang. His attorneys say he was seeking asylum when he arrived in the United States.

“J.A.V. is seeking asylum on the basis of his political views and fear of harm and mistreatment from multiple criminal groups – including the Tren de Aragua, on account of his sexual orientation,” the attorneys wrote.

The ACLU’s Texas lawsuit and habeas petition asks the court to review the legality of the petitioners’ detention and potentially order their release if the detention is found to be unlawful.

The order in New York was issued by Judge Alvin Hellerstein, a Bill Clinton appointee.

“To preserve the Court’s jurisdiction, Petitioners shall neither be removed from the United States, nor transferred out of this District, unless and until the court orders otherwise,” Hellerstein wrote.

The New York plaintiffs, which have not been publicly named and were also part of the DC lawsuit against the administration, are seeking class action certification from the court.

Author: Gloria Pazmino, CNN

Source: CNN:::

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