Minister of Justice and Public Security Héctor Villatoro,  right, accompanies Department of Homeland Security Secretary Kristi Noem, center during a tour of the CECOT prison on March 26, 2025 in Tecoluca, El Salvador.  (Photo by Alex Brandon-Pool/Getty Images)

WASHINGTON — Two federal judges Tuesday blocked the Trump administration from using the Alien Enemies Act of 1798 to deport Venezuelans, limiting the rulings to Colorado and a New York district.

U.S. District Judge for the Southern District of New York Alvin K. Hellerstein found that President Donald Trump’s invocation of the wartime law was likely not valid, because there is no “existence of a ‘war,’ ‘invasion’ or ‘predatory incursion,’” as required by the Alien Enemies Act statute.

A similar order was made by U.S. District Judge for the District of Colorado Charlotte N. Sweeney, who noted the Trump administration likely exceeded the scope of the Alien Enemies Act in its use of it.

Hellerstein, who was appointed by former President Bill Clinton, also reiterated in his order that anyone in the United States – including those who are not citizens – is entitled to due process.

He noted that the Venezuelan nationals subject to the Alien Enemies Act were deported to a notorious prison in El Salvador, CECOT, “​​with faint hope of process or return.”

“The sweep for removal is ongoing, extending to the litigants in this case and others, thwarted only by order of this and other federal courts,” Hellerstein wrote. “The destination, El Salvador, a country paid to take our aliens, is neither the country from which the aliens came, nor to which they wish to be removed. But they are taken there, and there to remain, indefinitely, in a notoriously evil jail, unable to communicate with counsel, family or friends.”

Two Venezuelan men who feared they would be subjected to the proclamation brought the suit in the Southern District of New York. It’s now a class to cover any Venezuelan potentially subject to the proclamation.

Sweeney, who was nominated by former President Joe Biden, also ordered the suit should cover a class of people.

The New York area in which Trump officials would be barred from using the wartime law includes New York City, the boroughs of Manhattan and the Bronx and Dutchess, Orange, Putnam, Rockland, Sullivan and Westchester counties. 

Multiple rulings against administration

This is the third preliminary injunction granted by federal judges against Trump’s use of the wartime law in a court’s district. The president invoked the Alien Enemies Act to subject for removal any Venezuelan national 14 and older with suspected ties to the Tren de Aragua gang.

Tuesday’s rulings are similar to another out of Texas, where Trump-appointed Judge Fernando Rodriguez Jr. struck down the Trump administration’s use of the wartime law to deport Venezuelan nationals in the Southern District of Texas.

The American Civil Liberties Union, which is at the forefront of challenges against the Trump administration’s use in March of the Alien Enemies Act, praised the preliminary injunction in New York.

“The court joined several others in correctly recognizing the president cannot simply declare that there’s been an invasion and then invoke a wartime authority during peacetime to send individuals to a Gulag-type prison in El Salvador without even giving them due process,” said Lee Gelernt, lead ACLU attorney on the case.

The ACLU has filed lawsuits against the use of the wartime law in federal courts in Colorado, Georgia, Nevada, New York, Pennsylvania, Texas and Washington, D.C.

Prison officers stand guard at a cell block at maximum security penitentiary CECOT  on April 4, 2025 in Tecoluca, San Vicente, El Salvador.  (Photo by Alex Peña/Getty Images)

BALTIMORE — A federal judge in Maryland Tuesday will for 48 hours pause her own order to require the federal government to facilitate the return of an asylum seeker mistakenly deported to a notorious prison in El Salvador, while the court waits for the Trump administration’s anticipated appeal of her decision.

“I am simply skeptical that we’re going to get … compliance or facilitation based only on this court’s order without allowing it to go to the next level,” said U.S. District Judge Stephanie Gallagher, nominated by President Donald Trump in 2018, at a hearing. She also indicated she was concerned the asylum seeker was denied due process, a major question as lawyers challenge Trump administration deportations.

Richard Ingebretsen, arguing on behalf of the Department of Justice, said the Trump administration plans to appeal Gallagher’s earlier order to the 4th Circuit Court of Appeals.

It’s the second case of a wrongly deported man sent to El Salvador’s brutal Centro de Confinamiento del Terrorismo, or CECOT, prison, following the high-profile case of Kilmar Abrego Garcia. The Maryland man was erroneously deported there despite a 2019 court order barring such action.

That case is now in closed proceedings before U.S. District Judge Paula Xinis in Greenbelt, Maryland, as discovery and depositions from officials interviewed under oath about the case continue. The Department of Justice and the White House have strongly fought the return of Abrego Garcia.

Earlier agreement protected asylum seeker

In the case heard in Maryland on Tuesday, the 20-year-old man who was sent to El Salvador is referred to by the pseudonym “Cristian” in court documents. In 2019, he came to the United States as an unaccompanied minor from Venezuela to apply for asylum.

Under a settlement agreement at the time, Cristian, along with a class of other asylum seekers, could not be deported until their cases were decided by U.S. Citizenship and Immigration Services. His asylum case has not yet been decided.

But Cristian was taken from the U.S. on one of three deportation flights to the CECOT prison in mid-March.

Two of those flights contained Venezuelan men deported under a 1798 law known as the Alien Enemies Act. The Trump administration invoked the wartime law to apply to any Venezuelan national 14 and older who is suspected of having ties to the Tren de Aragua gang.

Ingebretsen argued that Cristian has ties to the gang, and Tuesday’s hearing for a period was closed to the public — put under seal— so Gallagher could be shown that evidence.

In a declaration, Acting Field Office Director for Enforcement and Removal Operations at Immigration and Customs Enforcement Robert Cerna said Cristian was subject to the Alien Enemies Act because in January he was convicted of possessing cocaine.

Judge issued order for return

Gallagher wrote in an April 23 order that the case before her relates to that of Abrego Garcia and that “like Judge Xinis in the Abrego Garcia matter, this court will order Defendants to facilitate Cristian’s return to the United States so that he can receive the process he was entitled to under the parties’ binding Settlement Agreement.”

Gallagher added in her order that the federal government must also show “a good faith request to the government of El Salvador to release Cristian to U.S. custody for transport back to the United States to await the adjudication of his asylum application on the merits by USCIS.”

Ingebretsen said that the State Department has been made aware of her order, but he did not give any details on steps taken to facilitate Cristian’s return.

“The government’s view is that further compliance should be put on hold,” Ingebretsen said.

Attorneys, on behalf of the 2019 class, are pushing for declarations from the federal government on steps taken to facilitate Cristian’s return, citing concerns he’s been in CECOT for almost two months.

List of detainees

Kevin DeJong, one of those attorneys for the class, asked Gallagher to require the Trump administration to produce a list of the class members, to determine if any more of them have been wrongly deported.

DeJong said another class member — separate from Cristian — has been removed.

“If we don’t know if a class member has been removed, and we don’t know about it, there’s nothing we can do to bring a motion to enforce,” he said.

He is asking the court to order the federal government to provide a list because the Trump administration’s DOJ will only notify migrants’ lawyers of class members removed under Title 8 deportation. Cristian was removed under the Alien Enemies Act, or Title 50.

“We need to know if any class members have been removed for any reason other than Title 8,” DeJong said. “We’re concerned that there are more.”

Gallagher seemed skeptical that she had the authority to do so, as the settlement does not mention a way for a list to be made up.

“It is an unusual settlement agreement in that we don’t have a defined list of class members, a defined way of identifying who is and is not a member,” she said.

Gallagher added that the settlement agreement was “drafted with some degree” of “trust that the government would be acting in good faith and would maintain this list itself.”

‘Process is important’

In the Abrego Garcia case, the Trump administration has argued that because he is a national of El Salvador, he is in that government’s custody and cannot be returned, despite the U.S. paying up to $15 million to El Salvador to detain roughly 300 men at CECOT.

Experts have raised concerns that U.S. foreign assistance funds to El Salvador from the State Department violate the Leahy Law, which bars financial support of “units of foreign security forces” — which can include military and law enforcement staff in prisons — that face credible allegations of gross human rights violations.

However, the president has contradicted his own administration, arguing that he has the ability to order Abrego Garcia returned to the U.S. Trump has said he is not willing to do so because he believes Abrego Garcia has gang ties, an argument repeated by multiple members of the administration.

In DOJ filings, government attorneys argued that because Cristian was designated for removal under the Alien Enemies Act, he could no longer be part of the 2019 class settlement and the government is therefore not violating the settlement.

On Tuesday, Ingebretsen added that if Cristian were returned to the U.S., his asylum application would be denied by USCIS.

Gallagher rejected that argument and said that based on the settlement, Cristian was allowed a certain form of due process to remain in the U.S. while his asylum case was pending.

“This is not a case about where or not Cristian will receive asylum, the issue is of process,” Gallagher said. “Process is important. We don’t skip to the end.” 

Prisoners sit at the Centro de Confinamiento del Terrorismo, or CECOT, on April 4, 2025, in Tecoluca, San Vicente, El Salvador. The Trump administration deported 238 alleged members of Venezuelan criminal organizations to the prison. (Photo by Alex Peña/Getty Images)

WASHINGTON — A federal judge Thursday struck down President Donald Trump’s use of a wartime law to deport Venezuelan nationals, but limited the scope to the Southern District of Texas.

Judge Fernando Rodriguez Jr., whom Trump appointed in 2017, wrote in a 36-page order that the administration’s invocation of the 1798 Alien Enemies Act was unlawful, especially during a time when the U.S. is not at war.

“Allowing the President to unilaterally define the conditions when he may invoke the (Alien Enemies Act), and then summarily declare that those conditions exist, would remove all limitations to the Executive Branch’s authority under the (Alien Enemies Act), and would strip the courts of their traditional role of interpreting Congressional statutes to determine whether a government official has exceeded the statute’s scope,” he wrote.

“The law does not support such a position.”

Rodriguez Jr. rejected the Trump administration’s claim that the presence of members of the Venezuelan gang Tren de Aragua in the U.S. constituted an “invasion” under which the wartime law could be invoked.

Prior to Trump’s invocation of the act in March against Venezuelan nationals 14 and older suspected of gang ties, the only times the U.S. had used the Alien Enemies Act were during the War of 1812, World War I and World War II.

Scope limited but significant

Thursday’s ruling only applies in the Southern District of Texas, but could impact several cases before federal judges across the country challenging the Trump administration’s use of the Alien Enemies Act.

The American Civil Liberties Union, which has been at the forefront of the cases regarding the law, also has lawsuits pending in federal courts in Colorado, Georgia, Nevada, New York, Pennsylvania, Texas and Washington, D.C.

Though the ruling is limited geographically, it applies to an important district for the issue. The original flights carrying men deported under Trump’s use of the law departed from Harlingen, Texas, within the judicial district. The government is also detaining more potential deportees in the district.

The U.S. Supreme Court lifted a lower court’s order that barred the Trump administration from invoking the Alien Enemies Act to deport any Venezuelan nationals — but the justices said unanimously that the Venezuelans must be afforded due process.

In April, Rodriguez Jr. temporarily halted the use of the Alien Enemies Act over concerns that anyone who is erroneously deported under the wartime law potentially cannot be returned to the United States. He cited the high-profile case of a Maryland man being sent to a prison in El Salvador by mistake.

The U.S. Justice Department, which is representing the administration in the case, did not respond to a message seeking comment.