A federal judge in New York on Tuesday extended his order blocking the deportation of Tren de Aragua gang members under the Alien Enemies Act.
U.S. District Judge Alvin Hellerstein, a 91-year-old Clinton appointee, blasted Trump during Tuesday’s hearing, accusing him of trying to deport people “because of their tattoos.”
Earlier this month, Judge Hellerstein blocked the deportation of two alleged Tren de Aragua gang members in New York.
On Tuesday, Judge Hellerstein extended the block but stopped short of issuing a preliminary injunction—for now. His order applies only to a dozen illegal immigrants being held in several New York counties.
As reported by ABC News:
A federal judge in New York rebuked President Donald Trump’s use of the Alien Enemies Act to deport alleged migrant gang members without due process, comparing it to a medieval inquisition.
U.S. District Judge Alvin Hellerstein, at a hearing Tuesday, temporarily extended his April 9 order in which he temporarily blocked detained migrants being held in the Southern District of New York from being deported without due process.
An official with the U.S. Immigration and Customs Enforcement acknowledged that “many” of the men deported on March 15 lack criminal records in the United States — but said that “the lack of specific information about each individual actually highlights the risk they pose.” Authorities have said they have used migrants’ tattoo markings as one of the factors identifying them as gang members.
“This is the United States of America,” Hellerstein said Tuesday. “People are being thrown out of the country because of their tattoos.”
The judge also blasted a DOJ lawyer for suggesting due process is a “flexible standard.”
“The law is clear: If you are kicking out a person, you give them an opportunity to defend themselves,” the judge said. “You can’t kick someone out by guilt by association.”
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