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Trump administration plans to proceed with deportations under controversial act

A federal judge has declined a plea by the American Civil Liberties Union to stop the immediate deportation of Venezuelan nationals alleged to have gang affiliations, citing limitations in judicial authority.

US District Judge James Boasberg ruled against the ACLU's effort to obtain a temporary restraining order to block the deportation of Venezuelan gang suspects under the Alien Enemies Act. The Trump administration aims to carry out the deportations despite significant legal disputes and apprehensions about the process's fairness.

The ACLU, representing individuals accused of gang membership from Venezuela, sought to put a hold on deportations from Texas. The suspects are reportedly members of the Tren de Aragua group and have been detained at Immigration and Customs Enforcement’s Bluebonnet Detention Facility in Texas. The petition emphasized the sudden issuance of deportation notices to detainees, who allegedly received the notices only in English, without clear instructions on contesting the deportations.

ACLU's Concerns About Deportations

The ACLU expressed its worry about the potential deportation of individuals to El Salvador’s Terrorism Confinement Center without a proper judicial examination of their cases. The organization filed a motion demanding that the government provide a 30-day notice in both English and Spanish before deporting any person.

Judge Boasberg explained his position, referencing a Supreme Court decision on April 7 that nullified his prior pause on the Trump administration's use of the Alien Enemies Act. He noted, “I’m sympathetic to your conundrum, but I don’t think I have the power to do anything about it.” The ruling indicated potential jurisdictional issues since the detainees are based in Texas.

Despite some judicial restraints, there remains an air of uncertainty around the deportation proceedings. Boasberg further elaborated that current constraints prevent him from granting the ACLU’s request, stating, “It is very concerning, but at this point, I just don’t think I have the ability to grant relief to the plaintiffs.”

Supreme Court and Federal Appeals Court Role

As the legal challenges unfold, the ACLU is also pursuing urgent engagement from both the Supreme Court and a federal appeals court to seek relief. This development highlights the intricate judicial battle surrounding the deportations.

Drew Ensign from the Justice Department informed the court of the current status, stating a conversation with the Department of Homeland Security indicated no flights were scheduled for Friday night. However, they maintained the right to conduct removals on future dates. He conveyed having been “told to say that they reserve the right to remove people tomorrow.”

The Trump administration has emphasized the severity of the alleged threat, identifying the suspected gang members as an “invading force” and utilizing the Alien Enemies Act, established in 1798, to fast-track deportations to El Salvador. This act has been rarely used in modern times, causing further legal debates over its present-day application.

Ongoing Legal Battles and Future Steps

The conflict between the ACLU and the Trump administration continues to escalate, with both sides preparing for prolonged litigation. The broader implications of this legal case could impact how similar actions are handled in the future.

Tricia McLaughlin, Assistant Secretary at the Department of Homeland Security, stated, “We are not going to reveal the details of counter-terrorism operations, but we are complying with the Supreme Court’s ruling.” Her comments underscore the administration’s determination to proceed within the framework established by the court.

Boasberg again remarked on his limited jurisdiction following the higher court's guidance, noting, “I just don’t really see how you’re asking me to do anything different from what the Supreme Court said I couldn’t do.” Despite sympathetic undertones to the plaintiffs’ predicament, his hands were ultimately tied.

The ACLU has stressed the urgency and importance of judicial oversight, declaring: “Late last night and early today, Plaintiffs learned that the government has begun giving notices of removal to class members, in English only, which do not say how much time individuals have to contest their removal or even how to do so.”

With legal avenues still open, the ACLU remains committed to advocating for their clients. However, the complex legal and political landscape continues to pose significant challenges in steering the course of these deportations.

By
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April 19, 2025
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