Trump judge blocks Alien Enemies Act deportations in central California
June 2 (UPI) -- A Trump-appointed judge in California on Monday blocked the Alien Enemies Act deportation of a Venezuelan migrant in the Los Angeles area, saying the administration failed to provide due process.
U.S. District Judge John Holcomb, who was nominated by President Donald Trump in 2019, issued a preliminary injunction to keep most Venezuelan migrants in central California, Los Angeles and Orange County from being deported under the 1798 law.
"The government is hereby preliminarily enjoined and restrained from removing or transferring out of this district any member of the putative class pursuant to the Proclamation pending further Order of the Court regarding the amount of notice and process that is due prior to removal," Holcomb wrote.
The Alien Enemies Act allows the removal or deportation of migrants during an "invasion" or "predatory incursion" of the United States. Trump has argued that the Venezuelan gang Tren de Aragua's actions are a "predatory incursion."
Holcomb's ruling follows a complaint filed by Darin Antonio Arevalo Millan, a Venezuelan citizen currently being held at the U.S. Immigration and Customs Enforcement facility in Adelanto, Calif. Arevalo wanted the judge to order the government to provide at least 30 days' notice before any deportation of Venezuelan citizens.
While the Trump administration told the court that Arevalo was not detained under the Alien Enemies Act, Holcomb ruled that Arevalo still "faces an imminent threat of removal."
"Arevalo seeks to avoid being deported as an alien enemy without being afforded the opportunity to challenge that designation -- not to avoid deportation altogether," Holcomb wrote.
Judges in New York, Colorado and Texas have ruled that the president is misusing the Alien Enemies Act, while a judge in Pennsylvania ruled last month that Trump can use the law for alleged gang members if they are given enough notice for due process.
The U.S. Supreme Court also ruled last month that the Trump administration can revoke special legal protections for nearly 350,000 Venezuelan nationals living temporarily in the United States.
The Temporary Protection Status program is extended to migrants every 18 months, if they cannot live or work safely in their home country, due to war or natural disaster. Homeland Security Secretary Kristi Noem said in February protections for certain migrants or violent gangs are not in the U.S. national interest.
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