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

  • Two federal judges, including Trump appointee Fernando Rodriguez Jr. In South Texas and Democratic appointee Alvin Hellerstein in New York, blocked the administration’s use of the 18th century Alien Enemies Act last week.
  • The rulings concluded that the administration failed to demonstrate that the United States was experiencing an attack or incursion by a foreign enemy, which is a necessary condition for applying the wartime statute.
  • Hellerstein detailed that over 130 migrants had been deported in March to El Salvador’s notorious prison, but stated this criminal matter does not equal an invasion or predatory incursion.
  • Hellerstein pointed out that while TdA might be involved in drug trafficking, this is a legal issue rather than an instance of an invasion or hostile attack, highlighting concerns about the Act’s implications for due process.
  • These decisions signal judicial resistance to the administration’s fast-paced deportation policy and may lead to significant legal challenges regarding due process protections under Trump’s immigration agenda.
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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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