Trump-appointed judges temporarily halt deportations of individuals facing removal under the Alien Enemies Act to El Salvador
** Fast and Furious with Trump's Deportation Tactics Raising Legal Hell**
Donald Trump's aggressive attempt to boot out undocumented immigrants using a wartime power has been met with a whole lot of resistance, even among federal judges Trump himself appointed. The latest judge to shake things up was Stephanie Haines, presiding over a federal court in Johnstown, Pennsylvania. The administration tried arguing they could use the Alien Enemies Act to deport migrants with little notice, but Haines wasn't having it.
Haines had already put the brakes on the Trump administration from sending suspected Tren de Aragua gang members from Venezuela to El Salvador if they were held in a facility in her district. On Monday, she didn't make a final ruling yet, but she did question the Justice Department about why they thought it was okay for detainees to have less than two days to challenge the Alien Enemies Act once they're told they might be shipped to El Salvador.
That's not all. Another Trump-appointed judge in South Texas ruled last week that removals under the Alien Enemies Act weren't lawful. Judge Fernando Rodriguez Jr. decided that the president alone couldn't deem the US was being threatened or invaded by Venezuelans and declare undocumented immigrants from the country alien enemies.
Rodriguez's decision might only apply to migrants held in South Texas, but it's an important early win that could indicate the administration's hardline immigration policy may be destined for failure across the country. Another ruling from Judge Alvin Hellerstein in Manhattan also found the administration couldn't use the Alien Enemies Act to deprive migrant detainees of due process.
Things are getting ugly out there, and it could just go from bad to worse. For those who are curious, the Alien Enemies Act is an 18th-century wartime authority that allows for the swift deportation of individuals from countries deemed hostile without due process. But, guess what? There's a whole lot of debate over whether or not it even applies in today's world.
While it's too early to tell if these rulings will lead to a major Supreme Court case, one thing is for sure: the Trump administration won't get a free pass. That's Cristopher Slobogin, a criminal justice professor at Vanderbilt University Law School, talking. He said, "All these decisions are pointing in the same direction, which is that the Alien Enemies Act should only be used in time of war or invasion." If that's not a nail in the coffin for Trump's immigration strategy, we don't know what is.
Stay tuned, folks. This drama's yet to reach its climax, and we're waiting with bated breath to see how this all shakes out.
- Judge Stephanie Haines in Johnstown, Pennsylvania, questioned the Justice Department about why they thought it was permissible for detainees to have less than two days to challenge the Alien Enemies Act once informed of potential deportation to El Salvador.
- Another Trump-appointed judge, Judge Fernando Rodriguez Jr., determined that removals under the Alien Enemies Act were not lawful, stating that the president alone could not deem the US was being threatened or invaded by Venezuelans and declare undocumented immigrants from the country alien enemies.
- Cristopher Slobogin, a criminal justice professor at Vanderbilt University Law School, asserted that all the decisions addressing the Alien Enemies Act are pointing towards it only being used during times of war or invasion.
- The Trump administration may face challenges in executing its immigration policy, as the rulings made by various judges suggest that the Alien Enemies Act might not be applicable in today's world.
