Judge bars man's deportation under Alien Enemies Act

President Donald Trump smiles as he speaks in the Oval Office of the White House, Tuesday, May 20, 2025, in Washington (AP Photo/Alex Brandon).

A Georgia judge on Wednesday barred the Trump administration from deporting a Venezuelan immigrant using the Alien Enemies Act (AEA).

In a detailed, 15-page opinion, U.S. District Judge Clay Land, appointed by George W. Bush, addresses a case linked to the ongoing political struggle as President Donald Trump attempts to change the immigration policies established by Joe Biden, placing courts in the midst of this conflict.

The judge says his work is to decide any given case on the merits of that case alone, and here he finds the government’s position lacking.

Judge Land notes, “It can be challenging to distinguish policy issues from legal ones in these matters. However, the courts’ fundamental responsibility is to decipher these distinctions carefully and make decisions rooted in a genuine interpretation of the law, not influenced by immigration policy preferences.”

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The lawsuit, titled Y.A.P.A. v. Trump, involves the plaintiff seeking a writ of habeas corpus to proactively stop his transfer to a well-known prison in El Salvador, the Center for Terrorism Confinement (CECOT), as detailed by the judge.

The plaintiff alleges the government is likely to try and have him summarily deported under the auspices of the AEA. This claim, the court notes, is based on Immigration and Customs Enforcement (ICE) telling an immigration court the detainee “is a known associate of” Tren de Aragua (TdA), the transnational Venezuelan gang cited in Trump’s invocation of the 18th-century wartime law.

The government, for its part, insisted the plaintiff does not have standing to file his habeas petition because he has not even been “designated an alien enemy” under the AEA.

The judge rejected that argument, based on a series of U.S. Supreme Court rulings about due process required under the obscure statute.

“The Supreme Court’s decision only a few days ago answers the standing issue,” Land observes. “It granted a temporary injunction to two Venezuelan immigration detainees who sought injunctive relief against summary removal from the United States under the AEA.”

And, to that end, Land found the petitioner, whom he describes as a “Venezuelan national who is detained in a U.S. detention center,” has standing because he “has pointed to sufficient evidence” that he might very well be deported to CECOT under the auspices of the AEA.

But the justices also dealt with some additional procedural issues in their latest order. Last Friday, the nation’s high court — in a case variously stylized as A.A.R.P. v. Trump and W.M.M. v. Trump due to class certification issues — found that granting Texas detainees “roughly 24 hours” of notice before deportation “surely does not pass muster.”

Land also applied that notice ruling to the present case.

“The Supreme Court, however, did not shed much light on what would ‘pass muster,”” the opinion goes on. “That job is assigned, at least initially, to those of us on the front lines.”

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