A federal judge has expanded protections for Venezuelan migrants in Houston, temporarily halting deportations under the Alien Enemies Act as legal challenges spotlight due process and family separation concerns.
Following ACLU and ACLU of Texas lawsuits, a South Texas federal judge expanded a temporary restraining order to protect Venezuelan migrants in Houston and South Texas from deportation.
The cases aim to prevent the federal government from removing Venezuelans under the Alien Enemies Act, a wartime law. Many migrants suspected of gang membership say they are being deported without due process or a chance to defend the government's findings in court.
U.S. District Judge Fernando Rodriguez Jr. expanded his judgment on Friday to embrace all Venezuelans held in his district, which includes Houston, Galveston, Corpus Christi, Brownsville, and other South Texas cities. The action shields additional local migrants in federal detention from deportation throughout the legal dispute.
The Supreme Court earlier this week allowed the Biden administration to restart Alien Enemies Act deportations if migrants are given due process. The court stressed that inmates must have enough time to argue before a judge.
Judge Rodriguez asked government attorneys Friday how much notice migrants would have before removal. Immigrant rights campaigners were concerned when a government lawyer said they couldn't provide more than 24 hours' notice.
“These removals are happening quickly, and Houston families are at risk of being separated without warning,” stated an ACLU of Texas representative. People deserve an opportunity to argue.”
In addition to preliminary injunction hearings later this month, the ACLU is seeking a ruling on whether the Alien Enemies Act can be used outside of wartime.
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