Washington - A federal judge on Tuesday blocked the Trump administration from deporting non-citizens detained in southern New York under President Trump's announcement Alien enemy law.
U.S. District Court Judge Alvin Hellerstein said in a 22-page decision that the president's March announcement ordered the concise removal of Venezuelan immigration beyond the scope of the Foreign Enemy Act, a 1798 law that the Trump administration relied on non-citizens, that his administration claimed to be part of Gang Tren de Aragua.
The Foreign Enemy Act gives the president the right to detain and deport immigrants when a war is declared between the United States and foreign countries, or when a foreign or government "invasion" or "predatory inclusion" of the United States.
But Hellerstein, appointed by President Bill Clinton, said the Trump administration has failed to prove war, invasion or predatory invasion. Therefore, he wrote that the Foreign Enemy Act “is not declared effective invocation by the President.”
The judge said that under the Immigration and Nationality Act, non-citizens in their judicial districts could still be removed.
Lee Gelernt, an attorney for the American Civil Liberties Union, argued on behalf of the plaintiffs, said in a statement: “The District Court, together with several other officials, correctly recognized that the president could not simply declare an invasion and then summoned a wartime mandate during peace to send individuals to the gulag-type prison during peace without sending them to El Salvador or even sending them to San Francisco.
Hellerstein is the second federal judge Lawyer Trump administration official There is a risk of deportation by using the announcement to invoke the 1798 law to remove certain Venezuelan immigrants. Mr. Trump's first-appointed U.S. District Court judge Fernando Rodriguez ruled last week that Mr. Trump invoked the Foreign Enemy Act as illegal and prevented government officials from using the law and the president's announcement of detention, transfer or removal of Venezuelan immigrants who either lived or were detained in southern Texas.
Trump's challenge to the use of the Foreign Enemy Act has been raised nationwide in response to last month's Supreme Court ruling Allow deletion according to law. But the High Court said the announcement that the covered Venezuelan immigrants have the right to notify and have the opportunity to challenge their imprisonment and evacuation through the Alien Enemies Act Act Act Act, which was brought by the detained area.
This two-century law was employed only during the three periods of the declaration of war. But in March, Mr. Trump issued a announcement saying the Alagua gang is “invading or predatory invasion or predatory invasion” of U.S. territory. Mr. Trump's announcement said that all Venezuelan citizens, at least 14 years old, in the United States, illegal citizens are considered "alien enemies."
The declaration claimed that the gang was taking “hostile actions and engaged in “hostile actions and irregular wars” against the United States under the guidance of the regime of Venezuelan President Nicolas Maduro. However, an April assessment by the National Intelligence Commission obtained through a request for public records found that “while Venezuela’s loose environment allows the TDA to operate, the Maduro regime may not have cooperated with the TDA and did not direct the TDA movement to the United States and operate. ”
The declassified assessment says that most judges in the intelligence community show that intelligence is instructing or moving the TDA to the United States is not credible. ”
The case filed in Hellerstein was a case of two plaintiffs (identified as GFF and JGO in filing) who were initially detained in the Orange County Jail in New York and transferred to an immigration facility in Texas and deported to El Salvador. But they were evacuated from the plane Temporary order issued by a federal district court judge in Washington, D.C. as part of a challenge to Mr. Trump’s deportation of immigrants under the Foreign Enemy Act. The case eventually landed in the Supreme Court.
According to Hellestin, the two plaintiffs were sent back to prison, where they were restricted and “threatened to be removed from office.” Immigrants challenged in early April in the personal challenge in the southern region of New York and risked deportation in the Foreign Enemy Act on behalf of themselves and other non-citizens in the Foreign Enemy Act, unless they were notified in English and Spanish and Spanish and Spanish and hearings, Helestin agreed to temporarily block the Trump administration from evacuating the United States from the president’s announcement.
When he considered Venezuelan immigration requesting a preliminary injunction, his temporary order was to stay where he approved the ban Tuesday after finding out that he was absent from the situation, and they would be deported to the terrorist terrorism incarceration center or CECOT in El Salvador. Once there, Hellerstein said, “they will endure abuse and inhuman treatment without needing to help them.”
In his opinion, Hellerstein first referred to the notifications provided by immigration officials as "Alien Enemy Law", "Everything Change" and "Naked Bones Form".
"The petitioners did not inform them of allegedly joining the TDA, and what they did in the United States or anywhere else to share or further share the illegal objectives of the TDA," Hellerstein wrote. "Without such evidence, the petitioners could only be dismissed from office in violation of the constitutional requirements of the AEA and due process only by orders from the executive."
The judge said the procedure used by the Trump administration has resulted in at least two immigrants to Cecot. One of these immigrants was Kilmar Abrego Garcia, a man from Maryland Acknowledged that it was deleted incorrectly El Salvador was caused by “management errors”. Federal judge, U.S. Court of Appeal and Supreme Court say U.S. Must promote He was released from El Salvador detention, but the Trump administration has Claim it depends on El Salvador Return him.
Helstein also said Mr. Trump's announcement was that Tren de Aragua was involved in the war, invasion or predatory invasion in the United States - "does not exist."
"There is nothing in the AEA that justifies the discovery of refugees or infiltrated immigrants from Venezuela," he wrote. "They do not seek to occupy territory, expel U.S. jurisdiction from any territory, nor do they destroy territory. The TDA is likely to engage in narcotic trafficking, but it is a criminal matter, not an invasion or invasion or predatory invasion."
The Trump administration can appeal the decision.