Family and lawmakers are calling for the return of a Maryland man, Kilmar Abrego Garcia, who was mistakenly deported to El Salvador. This comes after U.S. judges in Texas and New York sided with the ACLU in preventing further deportations of alleged Venezuelan gang members under the 1798 Alien Enemies Act. The Supreme Court recently lifted a temporary order that prevented such deportations nationwide, but ruled that immigrant detainees must be given notice to contest their removals. The rulings in Texas and New York only apply to migrants still in the U.S., not those already deported to El Salvador.
The Trump administration deported 238 Venezuelans to El Salvador, claiming they were members of the Tren de Aragua gang, which it labels a terrorist organization. Lawyers and relatives of those deported dispute this claim, stating they had no opportunity to contest the government’s assertion. Homeland Security Secretary Kristi Noem defended the government’s assessment, stating that those deported should stay in El Salvador for the rest of their lives.
ACLU swiftly asked federal courts to block Alien Enemies Act deportations, which Trump invoked to deport alleged gang members. U.S. District Judges in Texas and New York granted the ACLU’s request, preventing further deportations through April 23. U.S. District Judge Hellerstein in New York ordered that any Venezuelan migrant in his district must receive notice and a hearing before being deported under the Alien Enemies Act.
Overall, the rulings mark early victories for the ACLU in fighting deportations under the Alien Enemies Act, and the courts’ actions protect numerous individuals from potential deportation. The ACLU argues that the Act is not applicable in this case, as the presence of Tren de Aragua in the U.S. does not constitute an invasion by a hostile nation.
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