Two Venezuelan men detained in Texas have reportedly been informed by a U.S. official that they are to be deported shortly under an 18th-century American wartime law. This information was revealed by lawyers representing some Venezuelan migrants in a recent U.S. federal court filing. The American Civil Liberties Union (ACLU) has requested U.S. District Judge James Hendrix in Abilene, Texas, to prevent these deportations from proceeding.
If carried out, the deportation of these men would mark the first instance since the U.S. Supreme Court mandated that President Donald Trump’s administration must notify Venezuelan migrants whom it intends to deport under the 1798 Alien Enemies Act. The ruling also requires the government to provide these migrants with an opportunity to contest their deportations in court.
Assistant Secretary for U.S. Homeland Security, Tricia McLaughlin, refrained from disclosing details about potential deportation flights, stating only that the department is adhering to the Supreme Court’s directive. The Supreme Court has not specified the duration of the notice period to be given. However, legal representatives nationwide have advocated for a 30-day notification period to allow migrants time to challenge their deportations. The Trump administration has yet to publicly declare its intended notice period.
The ACLU reported that on Thursday night, at least two Venezuelan migrants detained at the Bluebonnet Detention Facility in Anson, Texas, were informed of their impending removal under the Alien Enemies Act, potentially as soon as Friday night or Saturday. Previously, on March 15, the administration deported over 130 alleged members of the Tren de Aragua gang to El Salvador using the same law, historically known for its application during World War Two to intern and deport individuals of Japanese, German, and Italian descent. Many migrants’ lawyers and relatives contend that these individuals were not affiliated with any gang and were denied the opportunity to refute the government’s claims.
U.S. District Judge James Boasberg in Washington, D.C., quickly intervened to halt further deportations under the law. In response, President Trump called for Boasberg’s impeachment, which drew a rare reprimand from U.S. Chief Justice John Roberts, emphasizing that appeals are the appropriate recourse for unfavorable court decisions. Boasberg is currently investigating whether the Trump administration contravened his directive to return the migrants and cautioned that he might hold officials in contempt of court. The Justice Department has requested an appeals court to suspend Boasberg’s inquiry.
The Trump administration is currently defending over 200 legal challenges to its policies. Critics, including Democrats and some legal analysts, argue that in certain cases, there appears to be a delay in complying with court orders, hinting at a potential willingness to disregard the authority of an independent, coequal branch of government.
On Friday, a judge in Boston prohibited the administration from expediting deportations of migrants to countries other than their own without offering them the chance to demonstrate they face persecution, torture, or death there. Additionally, a Maryland judge is investigating if officials disregarded her instruction to facilitate the return of a Salvadoran man wrongfully deported to El Salvador. An appeals court has urged President Trump to de-escalate his confrontations with the judiciary.
In another development, Democratic U.S. Senator Chris Van Hollen of Maryland met with Kilmar Abrego Garcia, a man detained in a notorious El Salvador prison typically reserved for gang members. Abrego Garcia’s legal representatives assert that he has neither been charged with nor convicted of any crime, refuting the Justice Department’s accusation of his association with the criminal gang MS-13.
Beyond the judiciary, other U.S. institutions known for their independence, such as universities and law firms, have also faced pressure from the Trump administration.