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2w ago

Federal Judges Continue to Block Trump Administration’s Use of Alien Enemies Act for Deportations

Judges, including Trump appointees, are halting deportations of Venezuelan migrants to El Salvador, citing due process concerns and legal challenges to the 1798 law's peacetime application.

The exterior of the Terrorist Confinement Center as Department of Homeland Security Secretary Kristi Noem arrives on March 26, 2025 in Tecoluca, El Salvador.
US President Donald Trump walks on the South Lawn of the White House after arriving on Marine One in Washington, DC, US, on Sunday, May 4, 2025.
Protesters chant during a demonstration against President Donald Trump’s use of El Salvador’s Terrorism Confinement Center, or CECOT, prison for people deported from the U.S. The protest was outside the Embassy of El Salvador in Washington, D.C., on April 14, 2025. (AP Photo/Nathan Howard)
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Overview

  • Federal judges, including Trump appointees Stephanie Haines and Fernando Rodriguez Jr., have issued rulings that block or limit the administration's use of the Alien Enemies Act to deport Venezuelan migrants without adequate due process.
  • The Supreme Court previously paused deportations from specific detention centers, and ongoing lower court cases are building toward a potential landmark decision on the law's wartime powers.
  • The Trump administration has argued for expedited deportation procedures, proposing as little as 12 hours for detainees to challenge their designation, which has drawn criticism from civil rights advocates and judges alike.
  • Human rights groups and lawmakers, led by Rep. Juan Vargas, are pushing to repeal the Alien Enemies Act, citing its misuse and the harsh conditions at El Salvador's CECOT prison, where detainees are being sent.
  • At least one individual, Kilmar Abrego Garcia, was wrongfully deported due to an administrative error and remains in El Salvador despite a Supreme Court order for his return, intensifying scrutiny of the administration's actions.