Quick Hit:

Federal judges in New York and Texas have temporarily halted the Trump administration’s use of the 1798 Alien Enemies Act to deport Venezuelan nationals suspected of gang affiliation, despite the U.S. Supreme Court having recently cleared the way for such deportations. 

Key Details:

• Judges in New York and Texas blocked the deportation of Venezuelans suspected of gang ties under the Alien Enemies Act.

• The Supreme Court had just ruled the Trump administration may proceed with deportations under the 1798 wartime law.

• Judges cited procedural concerns, including lack of proper notice, as justification for temporary relief.

Diving Deeper:

The Trump administration’s effort to aggressively remove illegal alien gang members has hit a judicial roadblock, with federal judges in two states issuing rulings that stall deportations of suspected Venezuelan criminals. These rulings come despite a green light from the Supreme Court just days earlier, permitting President Donald Trump’s renewed application of the Alien Enemies Act to proceed.

In Manhattan, U.S. District Judge Alvin Hellerstein—appointed by President Bill Clinton—issued temporary relief on behalf of two Venezuelan men detained in Orange County, New York. The decision restricts not only their deportation but also their movement outside the state or country, effectively shielding them from the Trump administration’s latest crackdown.

Meanwhile, in Texas, Southern District Judge Fernando Rodriguez Jr.—a Trump appointee—blocked federal authorities from removing or transferring three Venezuelan nationals or any other Venezuelan subject to the same deportation policy currently held at the El Valle Detention Center. Judge Rodriguez cited the need for detainees to receive timely and clear notice that they are subject to removal so they have an opportunity to seek habeas corpus relief.

According to court filings, Rodriguez emphasized the Supreme Court’s own language in Trump v. J. G. G. (2025), which required that notice of deportation under the Alien Enemies Act be provided in a way that gives individuals a fair chance to challenge their removal. Without this procedural safeguard, Rodriguez wrote, “immediate and irreparable injury” could result, as deportees would lose their legal ability to contest the action—particularly if mistakenly sent to a country they cannot return from.

President Trump invoked the Alien Enemies Act in March to target illegal alien gang members from Venezuela, citing the serious threat posed by violent groups like Tren de Aragua and MS-13. Immigration advocates, however, quickly mobilized, filing lawsuits to block its implementation on due process grounds.

These developments underscore the persistent legal and political resistance facing efforts to enforce immigration laws—even when national security and public safety are at stake. With the judiciary now interjecting procedural hurdles, the Trump administration’s attempt to use longstanding wartime authority may be slowed, if not outright obstructed, by courts prioritizing activist-driven interpretations of due process.