Judge halts deportation of Venezuelan migrant under Alien Enemies Act

A federal judge on Monday blocked the Trump administration from deporting a Venezuelan migrant under the Alien Enemies Act, saying it hasn’t provided adequate notice or due process for it to be challenged. 

U.S. District Court Judge John Holcomb, a Trump appointee, ruled that those subject to deportation under the Alien Enemies Act have to be given a chance to challenge the move. 

“The Government is hereby preliminarily ENJOINED and RESTRAINED from removing or transferring out of this district any member of the putative class pursuant to the Proclamation pending further Order of this Court regarding the amount of notice and process that is due prior to removal,” Holcomb wrote. 

In a win for Trump, Holcomb also said the president has “unlimited” authority to invoke the AEA, which is being challenged separately. 

Monday’s ruling came amid a complaint by Darwin Antonio Arevalo Millan, a Venezuelan citizen being held at the U.S. Immigration and Customs Enforcement (ICE) facility in Adelanto, California.

TRUMP ASKS SCOTUS TO STRIP PROTECTED STATUS FOR HUNDREDS OF THOUSANDS OF VENEZUELAN MIGRANTS

Venezuelan migrants deported from the United States arrive at Simon Bolivar International Airport in Maiquetia, Venezuela, Feb. 20. (AP Photo/Cristian Hernandez)

In his lawsuit, Arevalo said he is a “vocal dissident” of the Venezuelan government who was granted a permit authorizing him to work and reside in the U.S. pending the review of his asylum application.

He was arrested after he reported for a scheduled ICE check-in, his lawsuit states. The arrest was premised upon his status as a Venezuelan with allegedly basketball-related tattoos, which could indicate that Arevalo is affiliated with the notorious Venezuelan Tren de Aragua (TdA) gang, it said. 

Arevalo’s complaint was filed on behalf of himself and other Venezuelan citizens subjected to Trump’s AEA executive order proclamation. He is asking a judge to require the government to provide at least 30 days’ notice before any removal or transfer. 

SUPREME COURT BLOCKS NEW DEPORTATIONS OF VENEZUELANS IN TEXAS UNDER 18TH CENTURY ALIEN ENEMIES ACT

This split shows President Donald Trump and U.S. Immigration and Customs Enforcement (ICE) agents. The Trump administration has invoked the Alien Enemies Act to deport dangerous Venezuelan migrants. (AP)

Monday’s ruling came days after the Supreme Court handed Trump a win by staying a lower court order that blocked the administration from deporting roughly 500,000 migrants from Cuba, Nicaragua and Venezuela.

The order stays the lower court ruling that halted Trump’s plans to terminate Temporary Protected Status (TPS) protections for some migrants living in the U.S. TPS allow certain individuals to live and work in the U.S. legally if they cannot work safely in their home country due to a disaster, armed conflict or other “extraordinary and temporary conditions.”

The TPS program is typically extended to migrants in 18-month increments, most recently under the Biden administration toward the end of his presidency. 

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However, Homeland Security Secretary Kristi Noem in February attempted to end protections for a specific group of Venezuelan citizens, saying they were not in the national interest. 

Fox News Digital’s Breanne Deppisch contributed to this report.