A second federal judge has ruled that US President Donald Trump overstepped his authority by using the Alien Enemies Act (AEA)-a law meant for use during times of war-to deport Venezuelans alleged to be gang members.
US District Judge Alvin Hellerstein found Tuesday that Trump’s use of the law was unlawful, saying the act may only be invoked during a declared war or if the US faces an incursion on its territory, according to The Hill.
The ruling blocks the act from being used for deportations in the Southern District of New York.
Hellerstein criticized the Trump administration for depriving the accused Venezuelans of the chance to challenge their alleged links with the Tren de Aragua gang (TdA), arguing that the government’s actions failed to meet the due process protections of the wartime law.
“There is nothing in the AEA that justifies a finding that refugees migrating from Venezuela, or TdA gangsters who infiltrate the migrants, are engaged in an ‘invasion’ or ‘predatory incursion.’ They do not seek to occupy territory, to oust American jurisdiction from any territory, or to ravage territory. TdA may well be engaged in narcotics trafficking, but that is a criminal matter, not an invasion or predatory incursion,” he said.
“Thus, I find that the Presidential Proclamation exceeds the scope of the AEA,” he added.
The ruling follows a similar decision by a Texas judge last week, who also found Trump’s use of the Alien Enemies Act unlawful for addressing gang-related deportations.
The act has historically been used only during wartime, most recently for the notorious internment of Japanese Americans during World War II.
Hellerstein also condemned the administration’s deportation practices, citing inadequate notice given to detainees and the inhumane conditions at El Salvador’s Terrorism Confinement Center, where some deportees are being sent, perhaps for life, with no chance to contest the accusations they are facing.