Judges block Trump’s deportation tactics: “This is not an inquisition in medieval times”

Federal courts are in conflict with the Trump administration over its use of the Alien Enemies Act of 1798 to deport Venezuelan migrants. Judges in New York and Colorado have issued temporary orders stopping deportations, raising serious concerns about fair treatment and the use of a law meant for wartime during a time of peace.

In New York, U.S. District Judge Alvin Hellerstein extended an order that requires immigration officials to notify individuals facing deportation and give them a hearing, per Reuters. He extended the current order by two weeks and will decide whether to put longer-term rules in place.

Judge Hellerstein strongly criticized the administration’s approach, saying, “This is not a secret court, an inquisition in medieval times. This is the United States of America.” He spoke on how different these actions are from the usual standards of fairness in the U.S. legal system.

Judges block Trump’s deportation tactics

Hellerstein is thinking about requiring at least a 10-day notice before deportations can happen under the Alien Enemies Act. He also questioned whether the administration’s actions are constitutional, suggesting that the order deporting hundreds of men accused of being part of the Venezuelan gang Tren de Aragua might break the Eighth Amendment’s ban on cruel and unusual punishment.

Meanwhile, in Colorado, U.S. District Judge Charlotte Sweeney ruled that the Trump administration must give Venezuelan migrants detained in Colorado a 21-day notice before deporting them under the Alien Enemies Act. Her order also requires that these migrants be told about their right to fight their removal. Judge Sweeney expressed serious doubts about the administration’s use of the Alien Enemies Act, saying that calling Tren de Aragua’s actions an “invasion” was not enough to justify using this wartime law.

She wrote that, at the very least, an “invasion” would need more than what the administration described as infiltration, irregular warfare, and hostile actions. The judge extended her temporary block on deportations until May 6, with the chance of extending it further.

The Supreme Court has been a key part of this legal fight. On April 7, the court ruled that migrants must have a “reasonable” chance to challenge their deportations in court. However, the ruling did not say exactly how much notice is required. Then, on Saturday, the court issued an emergency order temporarily stopping deportations of Venezuelans in North Texas after the ACLU argued that migrants there were not given enough notice or information about their right to fight deportation.

The ACLU, which is representing the migrants in both states, argues that the Trump administration’s actions violate their right to fair treatment. They say that the 30-day notice period used during World War II, the last time the Alien Enemies Act was used, should be the standard now. The ACLU’s lead lawyer, Lee Gelernt, said that the Colorado court correctly recognized that wartime authority cannot be used in peacetime and that the government is not following proper legal procedures.

The legal battles are still ongoing. The temporary orders in New York and Colorado could be extended further, and hearings are scheduled to decide whether these blocks on deportations will become permanent. We’ll have to wait and see how it all plays out.