Judge halts deportation of Venezuelan migrant under Alien Enemies Act

A national justice connected Monday blocked the Trump administration from deporting a Venezuelan migrant nether the Alien Enemies Act, saying it hasn't provided capable announcement oregon owed process for it to beryllium challenged. 

U.S. District Court Judge John Holcomb, a Trump appointee, ruled that those taxable to deportation nether the Alien Enemies Act person to beryllium fixed a accidental to situation the move. 

"The Government is hereby preliminarily ENJOINED and RESTRAINED from removing oregon transferring retired of this territory immoderate subordinate of the putative people pursuant to the Proclamation pending further Order of this Court regarding the magnitude of announcement and process that is owed anterior to removal," Holcomb wrote. 

In a triumph for Trump, Holcomb besides said the president has "unlimited" authorization to invoke the AEA, which is being challenged separately. 

Monday's ruling came amid a ailment by Darwin Antonio Arevalo Millan, a Venezuelan citizen being held astatine the U.S. Immigration and Customs Enforcement (ICE) installation successful Adelanto, California.

TRUMP ASKS SCOTUS TO STRIP PROTECTED STATUS FOR HUNDREDS OF THOUSANDS OF VENEZUELAN MIGRANTS

Venezuelan migrants deported from the United States get astatine Simon Bolivar International Airport successful Maiquetia, Venezuela, Feb. 20. (AP Photo/Cristian Hernandez)

In his lawsuit, Arevalo said helium is simply a "vocal dissident" of the Venezuelan authorities who was granted a licence authorizing him to enactment and reside successful the U.S. pending the reappraisal of his asylum application.

He was arrested aft helium reported for a scheduled ICE check-in, his suit states. The apprehension was premised upon his presumption arsenic a Venezuelan with allegedly basketball-related tattoos, which could bespeak that Arevalo is affiliated with the notorious Venezuelan Tren de Aragua (TdA) gang, it said. 

Arevalo's ailment was filed connected behalf of himself and different Venezuelan citizens subjected to Trump's AEA enforcement bid proclamation. He is asking a justice to necessitate the authorities to supply astatine slightest 30 days' announcement earlier immoderate removal oregon transfer. 

SUPREME COURT BLOCKS NEW DEPORTATIONS OF VENEZUELANS IN TEXAS UNDER 18TH CENTURY ALIEN ENEMIES ACT

This divided shows President Donald Trump and U.S. Immigration and Customs Enforcement (ICE) agents. The Trump medication has invoked the Alien Enemies Act to deport unsafe Venezuelan migrants. (AP)

Monday's ruling came days aft the Supreme Court handed Trump a triumph by staying a little tribunal bid that blocked the medication from deporting astir 500,000 migrants from Cuba, Nicaragua and Venezuela.

The bid stays the little tribunal ruling that halted Trump's plans to terminate Temporary Protected Status (TPS) protections for immoderate migrants surviving successful the U.S. TPS let definite individuals to unrecorded and enactment successful the U.S. legally if they cannot enactment safely successful their location state owed to a disaster, equipped struggle oregon different "extraordinary and impermanent conditions."

The TPS program is typically extended to migrants successful 18-month increments, astir precocious nether the Biden medication toward the extremity of his presidency. 

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However, Homeland Security Secretary Kristi Noem successful February attempted to extremity protections for a circumstantial radical of Venezuelan citizens, saying they were not successful the nationalist interest. 

Fox News Digital's Breanne Deppisch contributed to this report.