Five Venezuelans succeeded in at least postponing their deportations while awaiting federal court hearings after two federal judges ordered them to remain in detention in the United States on Wednesday. Photo by Activedia/Pixabay
https://pixabay.com/en/law-justice-court-judge-legal-1063249/
April 9 (UPI) — Two Venezuelans in New York and three in Texas must undergo deportation hearings before being deported, federal judges ruled on Wednesday.
Attorneys for two Venezuelans accused of being members of the Tren de Aragua gang in New York filed writs of habeas corpus to demand immigration court hearings to determine whether or not they should be deported under the provisions of the Alien Enemies Act of 1798, CBS News reported.
The pair are being detained in Orange County, N.Y., and U.S. District of Southern New York judge Alvin Hellerstein granted their petitions before Immigration and Customs Enforcement officials move them out of state or deport them out of the country.
The two on Monday lost their bid to prevent deportation under the Alien Enemies Act but were granted the right to due process upon the filing of writs of habeas corpus.
They are represented by the American Civil Liberties Union and have hearings scheduled on April 22.
The three men in Texas likewise had their deportations delayed after U.S. District of Southern Texas Judge Fernando Rodriquez Jr. temporarily blocked their deportations and scheduled hearings for the three on Friday, The Hill reported.
Rodriguez’s order also stops ICE from deporting others who are being held in Texas and are subject to deportation under the Alien Enemies Act.
The Trump administration is using the Alien Enemies Act to target members of Tren de Aragua, MS13 and other gangs that President Donald Trump recently designated as terrorist organizations.
The U.S. Supreme Court on Monday by a 5-4 decision ruled the Trump administration can use the Alien Enemies Act to remove gang members but said they are subject to due process upon the filing of writs of habeas corpus.
The hearings must be conducted in the courts of jurisdictionwhere they are held and not through federal district courts located elsewhere.
The hearings give the defendants time to prepare a legal defense while requiring the federal government to show evidence of why the Alien Enemies Act applies and why each should be deported.