U.S. District Judge John Holcomb issued a preliminary injunction on Monday preventing the Trump administration from using the Alien Enemies Act to deport Venezuelan migrants in the Los Angeles area. Holcomb, a 2019 appointee of President Donald Trump, ruled that the administration failed to provide due process to those affected. The injunction specifically applies to individuals detained within the Central District of California, which includes Los Angeles and Orange Counties.
The case originated from the arrest of Darwin Antonio Arevalo Millan, a Venezuelan asylum seeker, during a routine check-in with U.S. Immigration and Customs Enforcement (ICE). Arevalo was allegedly detained due to tattoos linked to the Venezuelan gang Tren de Aragua. Although the government claimed Arevalo was not held under the Alien Enemies Act, Judge Holcomb found that he faced an imminent threat of removal under the law. Holcomb emphasized that Arevalo must be given the opportunity to challenge his designation as an “alien enemy” before deportation.
The Alien Enemies Act, a wartime law dating back to 1798, allows the government to detain or deport citizens of enemy nations during an invasion or predatory incursion. President Trump has argued that the actions of the Tren de Aragua gang constitute such an incursion. However, Holcomb’s ruling adds to a series of court decisions in other states, including New York, Colorado, and Texas, that have limited or blocked the administration’s use of the law.
Holcomb’s order mandates that the government must provide notice and due process before deporting Venezuelan migrants. The ruling comes amid ongoing legal debates over the application of the Alien Enemies Act and its implications for Venezuelan nationals in the United States.
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