Columbus federal judge blocks transfer of Venezuelan detainee amid Alien Enemy Designation concerns

Yahoo

22-05-2025

COLUMBUS, Ga. () – In a significant ruling on Wednesday, U.S. District Judge Clay D. Land of the Middle District of Georgia granted a preliminary injunction preventing the transfer of a Venezuelan from the Stewart Detention Center to a terrorism confinement facility in El Salvador.
The decision stems from a habeas corpus petition filed by the detainee, who fears being labeled an 'alien enemy' under the Alien Enemies Act and subjected to expedited removal from the United States without due process.
The case, Y.A.P.A. v. Donald J. Trump, et al., comes as the national debate over immigration policy continues. Land was appointed to the bench by President George W. Bush in 2001.
The Stewart Detention Facility is located in Lumpkin, Ga., in Land's judicial district.
Land's order was strongly worded.
'The public interest, while not always vocalized the loudest, requires that we remember that that these constitutional protections do not exist only for those attending lunch at the local Rotary Club, enjoying war stories at the VFW hall or having a beer at the Moose Club lodge,' the judge wrote. 'These rights are not rationed based upon political views, and they do not belong solely to those who may be subjectively determined to be great Americans. They extend to those whom many may consider to be the most repugnant among us.'
Land did not stop there.
'This foundational principle is part of what has made, and will continue to make, America great,' he concluded. 'Consistent with the rule of law, it is the Court's job to make sure, without fear or favor, that we adhere to these principles. serves the public interest.'
The petitioner, detained by U.S. Immigration and Customs Enforcement for allegedly being in the country illegally, is currently facing removal proceedings under the Immigration and Naturalization Act. However, he sought emergency relief to prevent his potential designation as an 'alien enemy' and transfer to the Center for Terrorism Confinement in El Salvador.
The controversy centers on a recent presidential proclamation declaring the Tren de Aragua gang a 'Foreign Terrorist Organization.' ICE has claimed the petitioner is a known associate of TdA, based on his tattoos and social media activity, though he denies any affiliation.
The Alien Enemies Act allows the president broad authority to detain and remove noncitizens deemed 'alien enemies,' a process that is significantly faster than standard immigration proceedings.
A recent Supreme Court ruling in Trump v. J.G.G. mandates that detainees must receive notice and a meaningful opportunity for judicial review through habeas corpus before removal.
Land's order found that ICE's current procedures, which allow as little as 12 hours to express intent to file a habeas petition and 24 hours to file it, do not meet constitutional due process requirements outlined by the Supreme Court in A.A.R.P. v. Trump.
The court ruled that transferring the petitioner to El Salvador without an adequate opportunity to challenge an alien enemy designation would cause irreparable harm, violating his constitutional rights.
The injunction prohibits ICE from removing the petitioner as an alien enemy until the government submits a revised removal process compliant with Supreme Court guidelines and the court issues further orders ensuring due process.
Land emphasized that the ruling does not interfere with the government's ability to pursue removal under other legal authorities, such as the Immigration and Naturalization Act.
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