A federal judge in Georgia has barred the U.S. government from deporting a Venezuelan asylum seeker under the 1798 Alien Enemies Act (AEA) without first granting him due process. The ruling, issued May 21 by U.S. District Judge Clay Land, marks a significant pushback against the Trump administration’s expanded use of the law to detain and deport individuals without evidence or judicial review.
The plaintiff, identified as Y.A.P.A. for safety reasons, has been held since February 2025 at Georgia’s Stewart Detention Center—a privately run facility with a documented history of abuses. The government alleges Y.A.P.A. is affiliated with the Venezuelan gang Tren de Aragua, though attorneys admit they lack evidence to substantiate the claim.
Court: “Constitutional Protections Apply to All”
In his decision, Judge Land emphasized that due process rights are not conditional:
“These constitutional protections do not exist only for those attending lunch at the local Rotary Club or sharing war stories at the VFW hall. They extend even to those whom many may consider repugnant. This principle is what has made—and will keep—America great. The Court’s duty is to uphold these rights without fear or favor.”
The ruling temporarily halts Y.A.P.A.’s transfer while his asylum case proceeds. The American Immigration Council (AIC) and ACLU, representing him, argue the administration’s use of the AEA—a law historically tied to declared wars—sets a dangerous precedent.
Broader Implications
The Trump administration has increasingly invoked the AEA to deport Venezuelans to CECOT, El Salvador’s maximum-security prison, without proving gang ties. While the Supreme Court recently limited mass transfers under the law in Texas, this case is the first to challenge its application in Georgia.
Rebecca Cassler, AIC senior litigator, hailed the decision:“This affirms that no one, including our client, should face deportation without a fair hearing. Hundreds are already imprisoned in CECOT at U.S. taxpayers’ expense—vanished without due process. For now, one fewer person lives in fear of being secretly shipped away.”
Jeremy Robbins, AIC executive director, warned of the stakes:“If the government can deport anyone it labels a ‘gang member’ without proof, none of us are safe from overreach. The Constitution protects everyone—a truth so fundamental it shouldn’t need repeating.”
The ruling does not impose a nationwide block on AEA use but sets a critical precedent for individual challenges. Advocates say it underscores the need for congressional action to curb executive abuse of the 226-year-old statute.
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