Texas and New York judges broaden temporary protection for Venezuelan migrants facing removal

McALLEN, Texas — Federal judges in New York and Texas ruled Friday that temporary restraining orders in place to stop the removal of Venezuelans from the U.S. would be expanded to protect more people in both states.

The rulings come in class-action lawsuits filed to stop the government from removing Venezuelans accused of being gang members under the Alien Enemies Act. The judges granted temporary restraining orders earlier this week that prevented the U.S. government from removing Venezuelans held at a detention facility in Raymondville, Texas, and those held within the federal jurisdiction of the Southern District of New York.

On Friday, Judge Fernando Rodriguez Jr. in Texas broadened his ruling to protect all Venezuelans detained in his judicial district, which includes the cities of Houston, Galveston, Laredo, McAllen, Brownsville, Corpus Christi and Victoria. Judge Alvin K. Hellerstein in the Manhattan federal court amended his initial order to include protection for “individuals subject to the Presidential Proclamation who are in state or local custody.”

The judicial activity happened after the U.S. Supreme Court on Monday ruled the administration can resume removals under the Alien Enemies Act, but detainees must be afforded some due process before they are flown away, including reasonable time to argue to a judge that they should not be removed.

Judge Rodriguez asked the government on Friday if it will be providing proper notice to affected Venezuelans facing removals as the Supreme Court had ordered. “We’re not prepared to say that we would be giving more than 24 hours notice,” Sarah Wilson, the lead attorney for the government, said and added that they are working to determine that.

“It would be proper to give 30 days notice as it was done in World War II,” Lee Gelernt, ACLU's attorney, said. “Our concern is that the government has not said what the notice will look like.”

The lawsuits filed by the ACLU and ACLU of Texas tried to stop removals like those of more than 100 people who were sent to a notorious prison in El Salvador without letting them challenge their removals in court. The ACLU is also asking the court to rule whether it is lawful to use the Alien Enemies Law when the country is not at war.

Preliminary injunction hearings were scheduled in both states later this month.