The American Civil Liberties Union (ACLU) encountered setbacks on Friday as they sought judicial intervention to prevent the Trump administration from deporting Venezuelans detained in northern Texas under the Alien Enemies Act of 1798. This move comes despite a U.S. Supreme Court ruling that imposes restrictions on how the administration can employ the act. Efforts by the ACLU included emergency petitions to both the Fifth Circuit Court of Appeals and the U.S. Supreme Court, requesting a halt to the deportations. Although one judge acknowledged the concerns raised, he declined to issue an immediate order.
The ACLU had previously filed a lawsuit to block deportations under the Alien Enemies Act, targeting two Venezuelans held at the Bluebonnet Detention Center. The organization is also seeking a broader judicial order to prevent any immigrant removals in the region under this law. In their emergency filing, the ACLU highlighted that immigration authorities accused other Venezuelan detainees at the facility of being members of the Tren de Aragua gang, thus making them liable for deportation under President Donald Trump’s directive.
The Alien Enemies Act has been seldom invoked, with its last application during World War II when Japanese-American civilians were interned. The Trump administration claims the act provides authority to quickly remove immigrants identified as gang members, regardless of their immigration status. Despite the U.S. Supreme Court allowing deportations to proceed, it mandated that those facing removal must have the opportunity to contest their deportation in court and be afforded “a reasonable time” for this purpose.
Federal judges in Colorado, New York, and southern Texas have issued orders preventing deportation under the Alien Enemies Act until a legal process is available for detainees to make their claims. However, no such order has been issued in northern Texas, where the Bluebonnet facility is located, 24 miles north of Abilene. District Judge James Wesley Hendrix recently refrained from blocking the removal of the two Venezuelans in the ACLU lawsuit, citing sworn declarations by Immigration and Customs Enforcement (ICE) that they wouldn’t be immediately deported. He also hesitated to issue a broader order as no deportations had commenced yet.
The ACLU’s latest filing contains affidavits from three immigration lawyers reporting that their clients at Bluebonnet were labeled as gang members and could face deportation imminently. One lawyer noted that her client, who speaks only Spanish, was pressured to sign documents in English under the assertion that they were presidential orders and that the client would be deported regardless of signing.
During a hearing in Washington, D.C., ACLU attorney Lee Gelernt argued before District Judge James E. Boasberg that the administration initially sent Venezuelans to a south Texas facility for deportation. However, following a judicial ban on deportations there, they were redirected to Bluebonnet, where no such order exists. Reports indicated that these individuals were being transported to the airport on Friday evening.
Judge Hendrix’s refusal to grant an emergency order led the ACLU to appeal to Judge Boasberg, who had previously stopped deportations in March. The Supreme Court, however, limited deportation injunctions to judges within the jurisdictions where immigrants are held. Boasberg expressed sympathy but stated he lacked the authority to act.
Additionally, Boasberg identified grounds for criminal contempt by the Trump administration for disregarding his initial deportation ban, particularly as ICE documents failed to inform detainees of their right to contest their removal in court. Despite this, Drew Ensign, a Justice Department attorney, contended that individuals designated for deportation would have at least 24 hours to challenge their removal legally. He further stated no flights were scheduled for Friday night, although the Department of Homeland Security reserved the option to proceed with deportations on Saturday.
ICE has declined to comment on the litigation. Meanwhile, a Massachusetts judge has made permanent an injunction prohibiting the administration from deporting immigrants who have exhausted their appeals to third countries without informing them of their destinations or providing an opportunity to object if they risk torture or death. Due to Venezuela’s refusal to accept deportees from the United States, the Trump administration has arranged for their transfer to other nations, such as El Salvador, where they are held in the country’s main prison.
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