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    Case in Texas Could Shed More Light on Invocation of Alien Enemies Act

    Immigration lawyers are reacting to the Supreme Court’s ruling, which declared that any legal challenges to the Trump administration’s plan to use a wartime statute to deport a group of Venezuelan migrants have to be filed where the men are being held.And as they scrambled to adjust on Tuesday, their efforts could be guided by a similar case that is underway in Federal District Court in Brownsville, Texas. It was filed last month by Daniel Zacarias Matos, a Venezuelan migrant who claimed that the administration tried to deport him — without a hearing or an order of removal — under President Trump’s recent proclamation invoking the wartime law, the Alien Enemies Act.In mid-March, Judge Fernando Rodriguez Jr., who is handling the case, issued an order stopping Mr. Zacarias Matos from being deported until he could look deeper into the matter. His lawyers and lawyers for the Justice Department are expected to file dueling court papers this month laying out the details of what happened.While the facts in Mr. Zacarias Matos’s case do not line up exactly with those in the cases of the Venezuelan migrants directly affected by the Supreme Court’s ruling, they could shed light on some of those proceedings as they start to move forward, most likely one by one.According to court papers, Mr. Zacarias Matos came to the United States with his 8-year-old daughter in December 2023, seeking asylum from Venezuela. Federal immigration agents took him into custody in October at the El Paso County Jail after he was arrested on charges of violating the terms of his probation on two, now-dismissed misdemeanor charges, court papers show.Early last month, the papers say, Mr. Zacarias Matos was sent to the El Valle Detention Center in Raymondville, Texas, where the administration was holding scores of Venezuelan migrants they were planning to deport to a prison in El Salvador under the expansive powers of the Alien Enemies Act.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Read the Supreme Court’s Ruling on Venezuelan Migrants

    Cite as: 604 U. S.
    (2025)
    9
    SOTOMAYOR, J., dissenting
    whether its March 15 deportations complied with the Dis-
    trict Court’s orders, it simultaneously sought permission to
    resume summary deportations under the Proclamation.
    The District Court, first, denied the Government’s motion
    to vacate its temporary restraining order, rejecting the as-
    sertion that “the President’s authority and discretion under
    the [Alien Enemies Act] is not a proper subject for judicial
    scrutiny.” App. to BIO 71a. At the very least, the District
    Court concluded, the plaintiffs were “likely to succeed” on
    their claim that, “before they may be deported, they are en-
    titled to individualized hearings to determine whether the
    Act applies to them at all.” 2025 WL 890401, *2. The D. C.
    Circuit, too, denied the Government a requested stay and
    kept in place the District Court’s pause on deportations un-
    der the Alien Enemies Act pending further proceedings.
    2025 WL 914682, *1 (per curiam) (Mar. 26, 2025).
    It is only this Court that sees reason to vacate, for the
    second time this week, a temporary restraining order
    standing “on its last legs.” Department of Education, 604
    U. S., at (JACKSON, J., dissenting) (slip op., at 1). Not
    content to wait until tomorrow, when the District Court will
    have a chance to consider full preliminary injunction brief-
    ing at a scheduled hearing, this Court intervenes to relieve
    the Government of its obligation under the order.
    II
    Begin with that upon which all nine Members of this
    Court agree. The Court’s order today dictates, in no uncer-
    tain terms, that “individual[s] subject to detention and re-
    moval under the [Alien Enemies Act are] entitled to judicial
    review’ as to ‘questions of interpretation and constitution-
    ality’ of the Act as well as whether he or she ‘is in fact an
    alien enemy fourteen years of age or older.”” Ante, at 2
    (quoting Ludecke v. Watkins, 335 U. S. 160, 163–164, 172,
    n. 17 (1948)). Therefore, under today’s order, courts below More

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    Judge Calls Mistaken Deportation of Maryland Man a ‘Grievous Error’

    The Trump administration committed a “grievous error” that “shocks the conscience” by inadvertently deporting a Salvadoran migrant to a notorious prison last month and then declaring there was little it could do to bring him back, a federal judge in Maryland said on Sunday.The strongly worded order by the judge, Paula Xinis, served two purposes: It offered a more detailed explanation of a brief ruling she issued on Friday, demanding that the White House bring the migrant, Kilmar Armando Abrego Garcia, back to the United States by the end of Monday. And it rejected a request by the Justice Department to pause the order as a federal appeals court considered its validity.Over 22 pages, Judge Xinis took Trump officials to task for deporting Mr. Abrego Garcia to El Salvador on March 15 in violation of a previous court order that allowed him to stay in the United States. Administration officials then argued that neither they nor she as the judge overseeing the case had any power to retrieve him from the prison.“As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Judge Xinis wrote. “Having confessed grievous error, the defendants now argue that this court lacks the power to hear this case, and they lack the power to order Abrego Garcia’s return.”Moreover, Judge Xinis questioned the administration’s underlying claims that Mr. Abrego Garcia, 29, was a member of a violent transnational street gang, MS-13, which officials recently designated as a terrorist organization. The judge described those claims as being based on “a singular unsubstantiated allegation.”“The ‘evidence’ against Abrego Garcia consisted of nothing more than his Chicago Bulls hat and hoodie,” she wrote, “and a vague, uncorroborated allegation from a confidential informant claiming he belonged to MS-13’s ‘Western’ clique in New York — a place he has never lived.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Administration Revokes Visas of South Sudanese in Clash Over Deportees

    Secretary of State Marco Rubio said on Saturday that he was revoking the visas of all South Sudan passport holders because the country’s transitional government had refused to accept in a “timely manner” citizens who were being deported by the Trump administration.Mr. Rubio also said in a social media post that he would “restrict any further issuance to prevent entry” of South Sudanese, blaming the “failure of South Sudan’s transitional government” to accept the repatriations. In a statement issued through the State Department, Mr. Rubio said, “we will be prepared to review these actions when South Sudan is in full cooperation.”Mr. Rubio’s action is similar to one that President Trump announced in late January, when he threatened Colombian officials with revocation of their visas and tariffs on the country’s exports because they were refusing to accept U.S. military flights with Colombian deportees. In that case, Colombia reversed its decision quickly.The decision by Mr. Rubio to approve such a sweeping action on the visas of South Sudanese travelers and immigrants is a further sign of the Trump administration’s intense focus on trying to deport as many foreign citizens from the United States as quickly as possible, an action that Mr. Trump promised he would take while on the campaign trail.Some of the potential deportees have filed lawsuits against the Trump administration, and several judges have issued temporary restraining orders as a result.Officials in South Sudan could not immediately be reached for comment late Saturday.Lucas Guttentag, a former Justice Department official during the Biden administration, called the move “another example of damning individuals based on nationality and upending the lives of innocent and law abiding visa holders instead of engaging in meaningful diplomacy.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Justice Dept. Accuses Top Immigration Lawyer of Failing to Follow Orders

    A senior Justice Department immigration lawyer was put on indefinite leave Saturday after questioning the Trump administration’s decision to deport a Maryland man to El Salvador — one day after representing the government in court.Deputy Attorney General Todd Blanche suspended Erez Reuveni, the acting deputy director of the department’s immigration litigation division, for failing to “follow a directive from your superiors,” according to a letter sent to Mr. Reuveni and obtained by The New York Times.Mr. Reuveni — who was praised as a “top-notched” prosecutor by his superiors in an email announcing his promotion two weeks ago — is the latest career official to be suspended, demoted, transferred or fired for refusing to comply with a directive from President Trump’s appointees to take actions they deem improper or unethical.“At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States,” Attorney General Pam Bondi wrote in a statement sent to The Times on Saturday. “Any attorney who fails to abide by this direction will face consequences.”Under questioning by a federal judge on Friday, Mr. Reuveni conceded that the deportation last month of Kilmar Armando Abrego Garcia, who had a court order allowing him to stay in the United States, should never have taken place. Mr. Reuveni also said he had been frustrated when the case landed on his desk.Mr. Reuveni, a respected 15-year veteran of the immigration division, asked the judge for 24 hours to persuade his “client,” the Trump administration, to begin the process of retrieving and repatriating Mr. Abrego Garcia.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Joe Rogan, Voices on the Right Raise Alarm Over Trump’s Immigration Moves

    Influential figures on the right have largely cheered on the opening months of the Trump presidency. But as the administration has rushed to carry out deportations as quickly as possible, making mistakes and raising concerns about due process along the way, the unified front in favor of President Trump’s immigration purge is beginning to crack.When the administration deported a professional makeup artist and accused him of being part of a criminal gang, the enormously popular podcaster Joe Rogan balked.“You’ve got to get scared that people who are not criminals are getting lassoed up and deported and sent to El Salvador prisons,” Mr. Rogan, who endorsed Mr. Trump, said on his show “The Joe Rogan Experience.” He added that the case was “horrific.”When the administration arrested a former Columbia University graduate student who had been involved in campus protests, the far-right commentator Ann Coulter questioned the move.“There’s almost no one I don’t want to deport, but unless they’ve committed a crime, isn’t this a violation of the First Amendment?” Ms. Coulter wrote on social media.The dissenting voices, which have been limited mostly to commentators rather than elected Republicans, are remarkable because conservatives don’t often openly break with the president. And while the objections have largely been contained to tactics — not the overarching goal of ramping up deportations — the cracks show how seriously some conservatives are taking the administration’s aggressive and at times slapdash methods.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Administration Tied Migrants to Gang Based Largely on Clothes or Tattoos, Papers Show

    The Trump administration has granted itself the authority to summarily deport Venezuelan migrants accused of being members of a violent street gang on the basis of little more than whether they have tattoos or have worn clothing associated with the criminal organization, new court papers show.The papers suggest that the administration has set a low bar for seeking the removal of migrants whom officials have described as belonging to the street gang, Tren de Aragua. This month, the White House ordered the deportation of more than 100 people suspected of being members of the gang under a powerful wartime statute, the Alien Enemies Act, and have denied them any due process to challenge the allegations against them.In the court papers, submitted over the weekend, lawyers for the Venezuelan migrants produced a government document, titled “Alien Enemy Validation Guide,” that laid out a series of criteria administration officials are required to meet to designate the men as members of Tren de Aragua.The document established a scoring system for deciding whether the migrants were in fact members of the gang, which is often referred to as TdA, asserting that eight points were required for any individual to be identified as a member.According to the document, any migrant who admitted to being a member of the gang was assigned 10 points, meaning that they were automatically deemed to belong to the group and were subject to immediate deportation under the Alien Enemies Act.But the document also asserts that officials can assign four points to a migrant simply for having “tattoos denoting membership/loyalty to TDA” and another four points if law enforcement agents decide that the person in question “displays insignia, logos, notations, drawings, or dress known to indicate allegiance to TDA.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Deportation Fight Reaches Supreme Court

    The Trump administration asked the justices to allow it to use a wartime law to continue deportations of Venezuelans with little or no due process.The Trump administration asked the Supreme Court on Friday to allow it to use a rarely invoked wartime law to continue to deport Venezuelans with little to no due process.The emergency application arrived at the court after a federal appeals court kept in place a temporary block on the deportations. In its application to the Supreme Court, lawyers for the administration argued that the matter was too urgent to wait for the case to wind its way through the lower courts.In the government’s application, acting Solicitor General Sarah M. Harris said the case presented “fundamental questions about who decides how to conduct sensitive national-security-related operations in this country.”“The Constitution supplies a clear answer: the president,” Ms. Harris wrote. “The Republic cannot afford a different choice.”The case will offer a major early test for how the nation’s highest court will confront President Trump’s aggressive efforts to deport of millions of migrants and his hostile posture toward the courts. Mr. Trump has called for impeaching a lower-court judge who paused his deportations.The case hinges on the legality of an executive order signed by Mr. Trump that invokes the Alien Enemies Act of 1798. The order uses the law to target people believed to be Venezuelan gang members in the United States.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More