The ACLU has filed a lawsuit against the Trump administration on behalf of two Venezuelan migrants facing deportation to a Salvadoran prison under the Alien Enemies Act (AEA). The legal challenge follows a Supreme Court decision lifting a lower court’s restraining order, allowing deportations under the 1798 law to proceed.
The migrants, detained in New York, allege they have not received the required notice to contest their removal. Trump invoked wartime powers via a March 14 proclamation, marking the first time the AEA has been used to target alleged gang members. Over 100 Venezuelans were sent to El Salvador’s CECOT prison shortly after.
The administration claims the Tren de Aragua gang operates with backing from the Venezuelan government, though the U.S. is not at war with Venezuela. A federal judge has temporarily barred the deportations pending a hearing.
The ACLU argues that the administration is violating due process by deporting migrants in secrecy, citing the disappearance of over 130 individuals already removed to El Salvador.
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