Two federal judges have blocked the removal of gang members despite the Supreme Court’s decision to vacate orders prohibiting the Trump administration from deporting migrants under the Alien Enemies Act.
One judge, Fernando Rodriguez, Jr. of the Southern District of Texas, wrote, “In the present matter, the Court finds that the removal of J.A.V, J.G.G., W.G.H., or any other individual subject to the Proclamation, by the United States would cause immediate and irreparable injury to the removed individuals, as they would be unable to seek habeas relief.”
“Respondents are enjoined from transferring, relocating, or removing J.A.V., J.G.G., W.G.H., or any other person that Respondents claim are subject to removal under the Proclamation, from the El Valle Detention Center; and Respondents are enjoined from transporting such persons outside of Willacy County or Cameron County, Texas, without an Order from the Court,” Rodriguez’s order read.
U.S. District Judge Alvin Hellerstein similarly blocked the deportation of Venezuelan gang members.
“Given the history, it seems to me people need to be protected,” the New York judge said, as per ABC News.
In their unsigned order Monday, Supreme Court justices said the Trump administration must allow gang members to challenge their deportations, although they granted the effort to vacate the temporary restraining orders.
“Importantly, as the Court stresses, the Court’s disagreement with the dissenters is not over whether the detainees receive judicial review of their transfers—all nine Members of the Court agree that judicial review is available. The only question is where that judicial review should occur. That venue question turns on whether these transfer claims belong in habeas corpus proceedings or instead may be brought under the Administrative Procedure Act. I agree with the Court’s analysis that the claims must be brought in habeas,” Justice Brett Kavanaugh wrote.
