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A federal judge on Monday said the Trump administration stopped deporting Venezuelan immigrants under the alien enemy laws and did not provide appropriate notice or legitimate process to challenge them.
Trump’s appointee, U.S. District Judge John Holcomb, ruled that those subject to alien deportation must be given the opportunity to challenge the move.
“The government has thus pre-banned and restrained removal or relocation from this district.
With Trump’s victory, Holcomb also said the president has “unlimited” authority to call the AEA.
The ruling came amid complaints from Darwin Antonio Arevalo Milan, a Venezuelan citizen at the U.S. Immigration and Customs Enforcement (ICE) facility in Adelanto, California.
Trump asks Scotus to strip him of his protected status for hundreds of thousands of Venezuelan immigrants
Venezuelan immigrants who have been deported from the US will arrive at Simon Bolivar International Airport in Michaelitia, Venezuela on February 20th (AP Photo/Christian Hernandez)
In his case, Arevalo said he was a “voice dissident” in the Venezuelan government, who was granted permission to allow him to work and reside in the United States, waiting for review of his asylum application.
He was arrested after reporting a planned ice check-in, his lawsuit states. The arrest was based on his status as a Venezuelan, allegedly basketball-related tattoos. This said it could show Arevalo is affiliated with the infamous Tren de Aragua (TDA) gang of Venezuela.
Arevalo’s complaints were filed on behalf of himself and other Venezuelan citizens being exposed to Trump’s AEA executive order declaration. He is asking the judge to request that the government provide at least 30 days of notice prior to removal or transfer.
Supreme Court blocks new deportation of Venezuelans in Texas under 18th century alien enemies
The division shows President Donald Trump and US Immigration Customs Enforcement (ICE) agents. The Trump administration has invoked alien enemy laws to deport dangerous Venezuelan immigrants. (AP)
Monday’s ruling comes days after the Supreme Court handed Trump a victory by maintaining a lower court order that prevented him from deporting around half a million migrants from Cuba, Nicaragua and Venezuela.
The order maintains a lower court ruling that suspended Trump’s plan to end Temporary Protection Status (TPS) protection for some immigrants living in the United States.
The TPS program is typically expanded to immigration with an increase of 18 months, and is now heading towards the end of the presidency under the Biden administration.
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But in February, Homeland Security Secretary Christi Noem tried to end the protection of certain groups of Venezuelan citizens, saying they were not in national interest.
Breanne Deppisch of Fox News Digital contributed to this report.
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