Cold as ICE

A federal judge from the Southern District of New York, which includes Orange County, temporarily halted deportations earlier this month of two Venezuelan men being held at the Immigration and Customs Enforcement (ICE) facility at the Orange County Jail in Goshen.

Due to a recent U.S. Supreme Court ruling, federal officials have the authority under the Alien Enemies Act to remove from the country non-citizens who are believed to be members of gangs that have been declared foreign terrorist organizations by President Trump. One such group is Tren de Aragua, to which ICE alleges these two men belong.

However, as part of its ruling, the high court said potential deportees can contest their removals and so on April 9, Judge Alvin K. Hellerstein issued a temporary restraining order stating that any Venezuelan migrant in his district must be given a hearing and notice before deportation.

As such, a preliminary injunction hearing has been scheduled for April 22. In that appearance, the two Venezuelans will be represented by the American Civil Liberties Union (ACLU), explained Deborah Lee, attorney-in-charge at Legal Aid Society’s Immigration Law Unit.

“That hearing is the ACLU’s litigation – J.G.G. v. Donald J. Trump – a class action lawsuit by five Venezuelan men facing removal under the Alien Enemies Act,” Lee said. “We are representing two of the named plaintiffs in that larger litigation in immigration court, which is an administrative court, on the basis of asylum claims.”

Lee added that while her organization plans on continuing to represent the two men in their quest for asylum, their future is anything but certain.

“The invocation of the Alien Enemies Act is a unilateral action that is unclear as to what evidence is being used against an individual tagged with this allegation,” Lee said. “Because of this, their asylum claims are at risk of being short circuited. Something could happen related to the April 22 hearing and our efforts could be for naught.”

Lee said that her clients do not live in Orange County, but are being housed on the grounds of the Orange County Jail as part of a contract between the county and federal government.

Multiple attempts to obtain comment from ICE and the ACLU were unsuccessful as of deadline.