A federal judge on Tuesday blocked the Trump administration from deporting noncitizens detained in the Southern District of New York under President Trump’s proclamation invoking the wartime Alien Enemies Act.
U.S. District Judge Alvin Hellerstein said in a 22-page decision that the president’s March proclamation ordering the summary removal of Venezuelan migrants exceeded the scope of the Alien Enemies Act, an 1798 law that the Trump administration has relied on to deport noncitizens that his administration claims are part of the gang Tren de Aragua.
The Alien Enemies Act gives the president the power to detain and deport migrants when there is a declared war between the U.S. and a foreign nation, or when there is an “invasion” or “predatory inclusion” against the U.S. by a foreign nation or government.
But Hellerstein, appointed by President Bill Clinton, said that the Trump administration failed to demonstrate the existence of a war, invasion or predatory incursion. Because of that, the Alien Enemies Act “was not validly invoked by the presidential proclamation,” he wrote.
The judge said noncitizens in his judicial district can still be removed under the Immigration and Nationality Act.
There’s a third judge as well who has ruled on the “invasion” question. Hellerstein in SD New York, Rodriguez in SD Texas, and Sweeney in Colorado. They have all come to the rather obvious conclusion that the United States is not being invaded by a foreign nation or government.
Lee Gelernt, a lawyer with the American Civil Liberties Union who argued on behalf of the plaintiffs, said in a statement that the district court “joined several others in correctly recognizing the president cannot simply declare that there’s been an invasion and then invoke a wartime authority during peacetime to send individuals to a Gulag-type prison in El Salvador without even giving them due process.”
In other news, Trump keeps fucking doing it anyway.
What on earth could go wrong by allowing a president to have immunity?
Good job doing their job, making an obvious ruling on what the law means versus the bullshit insanity. We need more of this.
So instead of ignoring or applauding Trump breaking the law, this particular judge wrote or spoke their dissent, which this administration has proven they will simply ignore.
Neat. Doesn’t change much, but better than absolutely nothing, I guess.
