On Wednesday, two federal judges made distinct orders by placing roadblocks in the continuous efforts of the Trump administration to use a powerful status in wartime to expel the Venezuelan migrants accused of being gangs members in Salvador.
The twin decisions, in New York and Texas, were in direct response to a decision of the Supreme Court rendered on Monday which canceled a similar order made last month by a federal judge in Washington. They suggest that even if President Trump declared victory when the judges weighed on the issue, the battle on the use of the law in wartime, the law on extraterrestrial enemies, to expel migrants is certain to persist.
In its decision, the Supreme Court concluded that migrants subject to expulsion under the law must be notified before being withdrawn from the country so that they can contest the process before the courts. But these challenges, said judges, must be made in the places where migrants are detained.
Tuesday, two Venezuelans detained in a detention center in the city of Goshen, in the County of Orange, in the NY, asked judge Alvin K. Hellerstein to protect them.
Judge Hellerstein, during a hearing on Wednesday before the Manhattan Federal District Court, issued a close decision in their case. He said that all Venezuelan migrants in his judicial district, the South New York district, subject to deportation under the status must have the possibility of having an audience before being removed from his functions of the country.
“It seems to me that people must be protected,” said judge Hellerstein.
In a broader decision referred to the Federal District Court of Brownsville in Texas, Judge Fernando Rodriguez Jr. said that the administration could not use the Extraterrestrial Enemies Act to withdraw any Venezuelan that is held at the El Valle detention center in Raymondville, near the southern border, until less on April 23.
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