Judge Blocks Deportation of Venezuelan Migrant Under Alien Enemies Act

A federal judge issued a temporary injunction on Monday, blocking the deportation of a Venezuelan migrant under the Alien Enemies Act. The ruling states that the government has failed to provide sufficient notice or due process for the affected individuals to challenge their removal.

U.S. District Court Judge John Holcomb emphasized that those facing deportation under the Alien Enemies Act must be given an opportunity to contest the decision. In his order, Judge Holcomb wrote, "The Government 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."

While the ruling marks a setback for immigration authorities, it also underscored a significant point in favor of presidential prerogative. Judge Holcomb acknowledged the president possesses “unlimited” authority to invoke the Alien Enemies Act, although that scope is being challenged in separate legal proceedings.

The case centers on Darwin Antonio Arevalo Millan, a Venezuelan national detained at a U.S. Immigration and Customs Enforcement (ICE) facility in Adelanto, California. Arevalo claims he is a “vocal dissident” of the Venezuelan regime, and had received a permit allowing him to live and work in the United States while his asylum application was reviewed. According to court documents, Arevalo was detained after reporting for a scheduled ICE check-in. Authorities cited allegedly gang-related tattoos as a reason for his arrest, suggesting possible ties to the notorious Venezuelan criminal organization, Tren de Aragua. Arevalo denies any such affiliation and contends his detention is unjustified.

Arevalo's lawsuit is filed not just for himself but on behalf of other Venezuelan citizens vulnerable to deportation under the Trump administration’s executive order invoking the Alien Enemies Act. He is seeking a court mandate requiring the government to give at least 30 days’ notice before executing any removals or transfers, arguing this window is necessary to ensure due process rights are observed.

This decision comes on the heels of a Supreme Court action giving former President Donald Trump a victory by staying a lower court ruling. That lower court had blocked the planned deportation of roughly 500,000 migrants from nations including Venezuela, Cuba, and Nicaragua. The Supreme Court's order allows the administration to pursue its plans to end Temporary Protected Status (TPS) for certain groups previously shielded from removal.

Temporary Protected Status (TPS) is a federal program that lets nationals of specific countries remain in the United States when returning home would be unsafe due to conditions like natural disasters, armed conflict, or other extraordinary circumstances. TPS generally covers 18-month periods and may be renewed by subsequent presidential administrations. The Biden administration most recently extended protections as his term concluded, but efforts have since been made to roll them back for certain groups—in particular, Venezuelans.

In February, Homeland Security Secretary Kristi Noem announced plans to rescind protections for a segment of Venezuelan migrants, arguing that their continued presence was not in the national interest. That move is part of a broader policy debate over executive authority and humanitarian protections in the U.S. immigration system—a debate that now finds itself at the center of multiple ongoing legal battles.