The
Federal judges in Manhattan and Brownsville, Texas, ruled Wednesday that the government can’t immediately deport men being held in detention facilities in their regions.
The two latest cases seek to build on a US Supreme Court decision this week. A majority of justices sided with the Trump administration in an earlier dispute, but also explicitly said that detainees facing removal under the Alien Enemies Act had to get notice and an opportunity to challenge their deportations before they’re flown out of the country.
In the New York case, US District Judge
‘Less Than 10’
It’s not known how many people will be affected by Hellerstein’s order beyond two Venezuelans who are being held in a county jail in Goshen, New York, north of the city. A Justice Department official told Hellerstein only that he estimates “less than 10” are being held in that jail.
In Texas, US District Judge
Both orders are set to expire later this month as the judges decide whether to impose longer-term halts on deportations.
The New York case was filed Tuesday and the Texas case Wednesday by the American Civil Liberties Union on behalf of three detainees in Texas and two in New York. They’re seeking to represent other Venezuelans accused of membership in Tren de Aragua.
The ACLU claims it’s entitled to contest whether the detainees are gang members and to challenge the president’s use of a statute intended to expel foreign enemies during wartime.
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The Supreme Court on Monday ruled that the government could pursue efforts to deport alleged Tren de Aragua members, but required they be given notice they are subject to expulsion under the Alien Enemies Act and an opportunity to have their cases presented to a judge. The court said detainees must file so-called habeas corpus cases in courts where they’re being held.
The Supreme Court intervened in the first case related to efforts to send alleged Tren de Aragua members to a notorious prison in El Salvador last month. US District Judge
The cases are G.F.F. v. Trump, 25-cv-2886, US District Court, Southern District of New York (Manhattan) and J.A.V. V. Trump, 25-cv-72, US District Court, Southern District of Texas (Brownsville)
(Adds details of rulings starting in fifth paragraph.)
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Anthony Aarons, Peter Blumberg
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