Yet another federal judge has blocked President Donald Trump from deporting criminal Venezuelans in the Los Angeles area under the Alien Enemies Act.
US District Judge John Holcomb blocked Trump from deporting the aliens, arguing the president must give them more adequate notice and ‘due process.’
The DOJ argued that the Venezuelan, Darwin Antonio Arevalo Millan, was not being deported under the AEA.
However, the judge still ruled that the Trump DOJ must give the aliens time to challenge their removals.
CBS News reported: A judge in California on Monday blocked the Trump administration from using the wartime Alien Enemies Act to deport Venezuelan migrants in the Los Angeles area, ruling that the government hasn’t promised adequate due process.
The ruling by U.S. District Judge John Holcomb — who was nominated by President Trump in 2019 — is the latest to limit the administration’s controversial practice of rapidly deporting people accused of being members of the gang Tren de Aragua under the 1798 law, which allows removals of during an “invasion” or “predatory incursion” of the United States.
Courts in three other states have also blocked Alien Enemies Act removals, though under different arguments.
Holcomb’s preliminary injunction applies to most migrants who are in custody in the Central District of California, which includes Los Angeles, Orange County, and several bordering areas.
The judge previously issued a temporary restraining order last month.
The case reached Holcomb’s desk after a Venezuelan man named Darwin Antonio Arevalo Millan petitioned for his release last month.
Arevalo says he applied for asylum but was arrested at a scheduled Immigration and Customs Enforcement check-in and told he was detained in part due to his tattoos.
The government told the court that he wasn’t detained under the Alien Enemies Act, but Holcomb concluded that Arevalo still “faces an imminent threat of removal” under Mr. Trump’s order invoking the law.
As reported last month, a federal judge in New York also blocked the Trump Administration from deporting members of the violent Venezuelan gang Tren de Aragua under the Alien Enemies Act, a wartime law that grants broad executive powers.
Judge Alvin Hellerstein, a 91-year-old Clinton appointee, issued a preliminary injunction halting enforcement of the law in the Southern District of New York.
He argued that illegal aliens, including suspected gang members, are entitled to the same due process rights as American citizens.
Hellerstein wrote in a 22-page order:
“This nation was founded on the ‘self-evident’ truths ‘that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, [and] that among these are Life, Liberty and the pursuit of Happiness.’ Declaration of Independence, at ¶ 2 (1776).
Our Constitution embodies these truths, in a limited government of enumerated powers, in its system of checks and balances separating the executive, legislative and judicial branches, and in its guarantee that neither citizen nor alien be ‘deprived of life, liberty, or property, without due process of law.’”
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If I understand this correctly.
NO due process is required to enter America illegally.
YET due process is required to deport you. Got it!
Thanks Judge Holcomb.
Trump should ignore you. (In the fashion the FJB ignored the USSC.)