Judge Blocks Removal of Potential Deportees From Texas District

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The Supreme Court had issued a temporary order blocking removals.

A federal judge has temporarily restrained the Trump administration from removing individuals from the Southern District of Texas as part of the presidentโ€™s attempt to deport Venezuelan gang members under the Alien Enemies Act.

U.S. District Judge Fernando Rodriguez said in his April 24 order that absent emergency relief, โ€œa substantial likelihood exists that the [administration] will remove individuals whom the [administration] may claim are subject to the Proclamation and to removal under the Alien Enemies Act.โ€

His order followed a separate order on April 19 in which the Supreme Court temporarily prevented the administration from removing members of a putative class, which included individuals in the Northern District of Texas.

That decision prompted a dissent from Justices Samuel Alito and Clarence Thomas, who suggested the court moved too quickly and overlooked key legal issues.

The Supreme Court previously vacated two district court orders preventing Alien Enemies Act deportations. A majority stated that challenges to the Trump administrationโ€™s actions should be brought in habeas, a legal avenue that has since been pursued in multiple districts, including in Rodriguezโ€™s court.

On April 23, the administration told Rodriguez he lacked jurisdiction to provide the relief the plaintiffs were seeking.That decision prompted a dissent from Justices Samuel Alito and Clarence Thomas, who suggested the court moved too quickly and overlooked key legal issues.

The Supreme Court previously vacated two district court orders preventing Alien Enemies Act deportations. A majority stated that challenges to the Trump administrationโ€™s actions should be brought in habeas, a legal avenue that has since been pursued in multiple districts, including in Rodriguezโ€™s court.

On April 23, the administration told Rodriguez he lacked jurisdiction to provide the relief the plaintiffs were seeking.That decision prompted a dissent from Justices Samuel Alito and Clarence Thomas, who suggested the court moved too quickly and overlooked key legal issues.

The Supreme Court previously vacated two district court orders preventing Alien Enemies Act deportations. A majority stated that challenges to the Trump administrationโ€™s actions should be brought in habeas, a legal avenue that has since been pursued in multiple districts, including in Rodriguezโ€™s court.

By Sam Dorman

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