Federal judges in New York and Texas temporarily blocked the Trump administration from deporting five Venezuelan men it alleges are gang members by using the Alien Enemies Act.
The American Civil Liberties Union (ACLU) filed both lawsuits after the Supreme Court on Monday rejected the men’s attempt to bring their challenge before a federal judge in Washington, D.C.
Instead, the high court said they should raise their claims via a habeas petition, which must be brought where someone is physically detained.
In New York, where two of the men are being held, U.S. District Judge Alvin Hellerstein on Tuesday agreed to the ACLU’s request to block their deportations until he can address their legal arguments.
An appointee of former President Clinton, Hellerstein will hold additional oral arguments for April 22 before he makes his ruling.
In Texas, where the other three men are being held, U.S. District Judge Fernando Rodriguez, Jr. similarly issued an order temporarily blocking their removals. Rodriguez, a Trump appointee, scheduled a hearing for Friday.
“The Court finds that maintaining the status quo is required to afford the parties the ability to develop a fuller record for the Court to consider the request for a preliminary injunction and other forms of relief,” the judge wrote in his ruling.
Rodgriguez’s order also prevents the administration from using the Alien Enemies Act to remove anyone else being held at the El Valle Detention Center, located in South Texas.
The 1798 Alien Enemies Act enables migrants to be summarily deported amid a declared war or an “invasion” by a foreign nation. The law has been leveraged just three previous times, all during wars, but Trump contends he can use it because the Venezuelan gang Tren de Aragua is effectively invading the United States.
The administration used the law to quickly deport hundreds of Venezuelan migrants to a notorious Salvadoran prison.
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