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Second judge finds Trump’s use of 18th century wartime act against gang is improper

  • Two federal judges recently ruled that the Trump administration improperly used the 18th-century Alien Enemies Act to deport Venezuelan migrants labeled as gang members.
  • These rulings follow the administration's attempts to use wartime authority without demonstrating an invasion or threat as required by the Act.
  • Judges in South Texas and New York blocked removals under the Act and criticized that migrants receive insufficient due process and are sent to El Salvador's harsh prisons.
  • Judge Alvin Hellerstein noted that while TdA might be involved in drug-related crimes, such activities are legal issues rather than grounds for labeling their presence as an invasion or hostile incursion, underscoring the limitations of the law.
  • These decisions could signal broader judicial resistance to using the Act, potentially leading to a significant Supreme Court test on presidential immigration powers and due process.
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Judge seeks more information from Trump administration about prison deal with El Salvador

WASHINGTON (AP) — A federal judge on Wednesday said he’ll order the Trump administration to provide more information about the terms under which dozens of Venezuelan immigrants are being held at a notorious prison in El Salvador, moving a step closer to deciding whether to require the men to be returned to the United States. District Court Judge James E. Boasberg said he needed the information to determine whether the roughly 200 men, deported i…

·Albuquerque, United States
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The New Republic broke the news in on Tuesday, May 6, 2025.
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