Judge halts deportation of Venezuelan migrant under Alien Enemies Act

A federal judge on Monday blocked the Trump administration from deporting a Venezuelan migrant under the Alien Enemies Act saying it hasn't provided adequate notice or due process for it to be challenged U S District Court Judge John Holcomb a Trump appointee ruled that those subject to deportation under the Alien Enemies Act have to be given a chance to challenge the move The Authorities is hereby preliminarily ENJOINED and RESTRAINED from removing or transferring out of this district any member of the putative class pursuant to the Proclamation pending further Order of this Court regarding the amount of notice and process that is due prior to removal Holcomb wrote In a win for Trump Holcomb also declared the president has unlimited authority to invoke the AEA which is being challenged separately Monday's ruling came amid a complaint by Darwin Antonio Arevalo Millan a Venezuelan citizen being held at the U S Immigration and Customs Enforcement ICE facility in Adelanto California TRUMP ASKS SCOTUS TO STRIP PROTECTED STATUS FOR HUNDREDS OF THOUSANDS OF VENEZUELAN MIGRANTSIn his lawsuit Arevalo revealed he is a vocal dissident of the Venezuelan regime who was granted a permit authorizing him to work and reside in the U S pending the review of his asylum application He was arrested after he shared for a scheduled ICE check-in his lawsuit states The arrest was premised upon his status as a Venezuelan with allegedly basketball-related tattoos which could indicate that Arevalo is affiliated with the notorious Venezuelan Tren de Aragua TdA gang it commented Arevalo's complaint was filed on behalf of himself and other Venezuelan citizens subjected to Trump's AEA executive order proclamation He is asking a judge to require the regime to provide at least days' notice before any removal or transfer SUPREME COURT BLOCKS NEW DEPORTATIONS OF VENEZUELANS IN TEXAS UNDER TH CENTURY ALIEN ENEMIES ACTMonday's ruling came days after the Supreme Court handed Trump a win by staying a lower court order that blocked the administration from deporting roughly transients from Cuba Nicaragua and Venezuela The order stays the lower court ruling that halted Trump's plans to terminate Temporary Protected Status TPS protections for various immigrants living in the U S TPS allow certain individuals to live and work in the U S legally if they cannot work safely in their home country due to a accident armed conflict or other extraordinary and temporary conditions The TPS campaign is typically extended to movers in -month increments largest part in recent months under the Biden administration toward the end of his presidency CLICK HERE TO GET THE FOX NEWS APPHowever Homeland Protection Secretary Kristi Noem in February attempted to end protections for a specific group of Venezuelan citizens saying they were not in the national interest Fox News Digital's Breanne Deppisch contributed to this account