Federal Judges Expand Legal Shield for Venezuelan Migrants in Texas and New York

In response to class-action lawsuits filed by the ACLU and ACLU of Texas, federal justices in Texas and New York have expanded temporary restraining orders to prevent the removal of additional Venezuelan migrants from the U.S.

The petitions are intended to prevent the U.S. government from deporting Venezuelans under the Alien Enemies Act, a wartime law that is rarely employed. Plaintiffs contend that the government is unfairly targeting individuals, including those accused of gang affiliation, without providing them with adequate due process.

U.S. District Judges Fernando Rodriguez Jr. in Texas and Alvin K. Hellerstein in New York issued temporary restraining orders that were confined in scope and were intended to safeguard migrants who were being held in specific detention facilities earlier this week. Those orders were expanded on Friday. Judge Rodriguez broadened his judgment to encompass all Venezuelans detained in his judicial district, which encompasses significant cities such as Houston, McAllen, and Corpus Christi. Judge Hellerstein extended his protection to Venezuelans who were in state or local custody in the Southern District of New York.

The legal action is in response to a U.S. Supreme Court judgment on Monday that authorized the federal government to resume deportations under the Alien Enemies Act, provided that detainees are provided with due process. Nevertheless, there are still uncertainties regarding the extent of advance notification that the government will provide prior to the commencement of deportations. The ACLU has advocated for a minimum of 30 days' notification, which is comparable to the amount of time that was given during World War II. However, government lawyers have not committed to providing more than 24 hours' notice.

The ACLU is also seeking a more comprehensive ruling regarding the legality of invoking the Alien Enemies Act when the United States is not at war.

Additionally, preliminary injunction hearings are scheduled for later this month in both Texas and New York.