Two judges block use of the Alien Enemies Act against alleged members of the TdA
“The destination, El Salvador—a country paid to take our aliens—is neither the country from which the aliens came, no to which they wish to be removed,” wrote Judge Alvin Hellerstein, a Clinton appointee, in a 22-page decision.
Members of the Aragua Train arrive at CECOT.
U.S. District Judge Alvin Hellerstein on Tuesday blocked the use of the Alien Enemies Act—invoked by President Donald Trump—against alleged members of the Tren de Aragua gang. He criticized the deportation of more than 200 individuals to El Salvador as part of the Republican president's immigration policy.
"The destination, El Salvador, a country paid to take our aliens, is neither the country from which the aliens came, nor to which they wish to be removed (...) But they are taken there, and there to remain, indefinitely, in a notoriously evil jail, unable to communicate with counsel, family or friends," the Clinton-appointed judge wrote in a 22-page decision.
Shortly after, it was revealed that U.S. District Judge Charlotte N. Sweeney reached a similar conclusion, expanding an earlier order that prevents the deportation of Venezuelans accused of being part of the Tren de Aragua from Colorado.
The judge challenged the government's argument that no one can contest the president's designation of the gang as a foreign invader.
"This sentence staggers. It is wrong as a matter of law and attempts to read an entire provision out of the Constitution," Sweeney wrote in the ruling obtained by AP.
They join a judge's decision in Texas
Judge Rodriguez ruled that the AEA, a statute rarely invoked in U.S. history, can only be applied in cases of an "invasion" or "predatory incursion" by an "organized armed force" entering the country.
Politics
Federal judge declares Trump's use of the Alien Enemies Act to deport suspected gang members illegal
Agustina Blanco
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